NAND KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and the State.

(2.) THE appellant has been convicted for the offence under Sections 363, 366 and 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and also fine of Rs. 2,000/ - under Section 363 of the Indian Penal Code and in default of payment of fine, he shall further undergo simple imprisonment for two months. He has further been sentenced to undergo rigorous imprisonment for eight years and fine of Rs. 2,000/ - under Section 366 of the Indian Penal Code and in case of default of payment of fine, he shall undergo further simple imprisonment for two months. He has also been sentenced to undergo rigorous imprisonment for eight years and also a fine of Rs. 5,000/ - under Section 376 of the Indian Penal Code and in default of payment of fine he shall undergo simple imprisonment for six months, however, all the sentences shall run concurrently.

(3.) DEFENCE of the accused is the complete denial of the occurrence and assertion of the false implication due to the land dispute. The further defence is that the victim wanted to marry with the appellant but the appellant was not willing to marry as he was married. The further case of the defence is that the victim went to the house of the appellant by force and stayed there and then the father of the victim took her by force but the victim was not raped by the appellant, though the victim remained in the house of the appellant for 4 days out of her own wish. Since the false case has been instituted by the informant to save his prestige and denial of the fact that the appellant was a tutor, before the trial court. The statement has also been made that the victim was in love with the accused and so was a consenting party, hence, no offence is made out.