LAGAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State and perused the record.

(2.) This Criminal Appeal has been filed against the judgment of conviction and sentence order dated 21-07-2001 passed by Sri Kamla Prasad, Special Judge, Madhubani in Sessions Trial No. 308 of 1998/10 of 1998 arising out of G.R. No. 1120 of 1994 by which and whereunder, he convicted the appellant for the offence punishable under Section-376 read with Section-511 of the Indian Penal Code but acquitted him of the charges under Sections-3(i)(xi)/3 (ii) (v) of SC & ST (Prevention of Atrocities) Act as well as Section-324 of the Indian Penal Code and sentenced the appellant to undergo rigorous imprisonment for five years for the offence under Section-376 read with Section-511 of the Indian Penal Code.

(3.) The prosecution case, in brief, is that P.W. 4 Aghaniya Dev,i who happens to be informant of this case, gave her fardbeyan to ASI of Ghoghardiha Police Station, in presence of her husband, on 07-11-1994 at about 11.00 a.m. to this effect that on 06-11-1994 at about 1.30 p.m. while she was taking rest near a mango tree after cutting grass, the appellant came there and snatched Hasua from her and after that, he pushed her on the ground and attempted to commit rape on her removing her clothes. She tried to raise alarm but he put her Sari into her mouth and outraged her modesty. Any how, she raised her alarm which attracted Jageshwar Chaupal, Sita Devi, Ghausi Chaupal and Matan Chaupal who came there running. The appellant also assaulted her and pierced Hasua into her leg and also torn her clothes and fled away with her ornaments.