LAXMI KANT JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the appellant as well as learned counsel appearing for the State.

(2.) This Criminal Appeal has been preferred by the sole appellant against the judgment of conviction and sentence order dated 13-03-2001 and 14-03-2001 respectively passed by Sri S.N. Prasad, IInd Assistant Sessions Judge, Darbhanga in Sessions Trial No. 158 of 2000 by which and whereunder, he convicted the appellant for the offences punishable under Sections-448 & 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years for the offence under Section-376 of the Indian Penal Code and to undergo rigorous imprisonment for six months for the offence under Section-448 of the Indian Penal Code, however, both the sentences were ordered to be run concurrently.

(3.) The prosecution case, in brief, is that P.W. 3 Laliya Devi gave written report to Officer-in-charge of Manigachhi Police Station, Darbhanga on 28-04-1999 to this effect that on 27-04-1999 at about 11.00 p.m. she was sitting at her home and was waiting for her husband. In the meantime, all of a sudden, the appellant came there and put his GAMCHHA into her mouth and committed rape upon her and after that, he fled away from there. She raised alarm which attracted her family members and neighbours. She further stated in her written report that there was land dispute and enmity between the appellant and her and some cases are pending in the court between the appellant and her.