BAIJU MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsels appearing on behalf of the parties.

(2.) THE solitary appellant, namely, Baiju Mahto, has preferred this appeal against his conviction for the offence punishable under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years as awarded on 08th April, 1999 by learned Additional Sessions Judge, Hilsa (Nalanda) in Sessions Trial No. 228 of 1989 arising out of Hilsa (Harijan) P.S. Case No. 147 of 1987 (G.R. No. 207 of 1987).

(3.) THE police after investigation submitted charge- sheet, case has committed and the appellant was put on trial for the offence punishable under Sections 323 and 376 of the Indian Penal Code. In order to substantiate the charges, as stated, only three prosecution witnesses have been examined without any documentary evidence. The trial court on consideration of the materials acquitted the appellant for the offence punishable under Section 323 of the Indian Penal Code, but convicted and sentenced him for the offence punishable under Section 376 of the Indian Penal Code, which gives rise to instant appeal.