GANGA PRASAD MAHTO Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) THIS appeal has been preferred by the solitary appellant against his conviction for the offence under Section 376 of the Indian Penal Code and sentence to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/ -, in default, to undergo further rigorous imprisonment for one year as awarded by learned 4th Additional District & Sessions Judge, Samastipur on 24th April 2002 in Sessions Trial No. 233 of 1999 arising out of Complaint Case No. 1345 of 1997.

(3.) IN order to substantiate the charge the prosecution has produced the complaint petition, Ext. 1, as only the documentary evidence besides examining altogether three witnesses. On the other hand, in defense, two witnesses have been examined besides producing following documentary evidence: - ''Ext. A -Voter list of 1980, Bajitpur Kendra No. 21 Samastipur. Ext. B - Deposition certified copy of C.R. No.13457/97 of Ram Udgar Singh. Ext.C - Certified copy of order sheet dated 15.3.96 Cr. Case No. 686/95. Ext. D - Complaint petition No. 686/95. ''