KANHAIYA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal appeal has been preferred by the sole appellant against the judgment of conviction dated 07.06.2001 and sentence order dated 08.06.2001 passed by Sri Upendra Narayan Yadav, 3rd Additional Sessions Judge, Madhubani in Sessions Trial No. 147 of 1986 by which and whereunder he convicted the appellant for the offences punishable under Sections 376, 342 and 354 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years for the offence punishable under Section 376 of the Indian Penal Code and to pay a fine of rupees one thousand and in default of payment of fine, he was sentenced to undergo simple imprisonment for three months. No separate sentences were awarded for the offences punishable under Sections 342 and 354 of the Indian Penal Code.

(2.) P .W.4, Sushila Devi gave her Ferdbeyan to S.I., Sri B. N. Singh of R.S. Shivir, Jhanjharpur on 10.03.1984 at 11:00 A.M. to this effect that in the midnight of 09.03.1984, she along with her bhabhi returned to her home after attending the marriage ceremony and her bhabhi went inside the house whereas she started washing her feet on a hand pipe and while she was washing her feet, the appellant came there from her behind and caught her and also gagged her mouth. The appellant took her to a room and locked the door of room from inside. The appellant offered rupees twenty to her for sexual intercourse but she refused the aforesaid proposal and on her refusal, the appellant threatened her to kill by spade and started removing her saree upon which she made protest but she was thrown by the appellant on the earth and after that appellant committed rape with her and whenever she tried to raise alarm, the appellant used to press her mouth. She further stated that after the aforesaid incident, she raised alarm but appellant fled away from there after opening the door by jumping the wall. The alarm raised by the P.W.4 attracted Doma Sah, Hari Sah (P.W.2), Lalua Kurmi, Gaudia Sah (P.W.1) and others. She narrated the entire incident to them.

(3.) THE appellant was charged for the offences punishable under Sections 342, 376 and 354 of the Indian Penal Code to which he denied and claimed to be tried.