RAMADHAR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The solitary appellant, namely, Ramadhar Paswan, has preferred this appeal against his conviction for the offence under Section 376 of the Indian Penal Code and sentence to undergo rigorous imprisonment for ten years and a compensation of Rs. 10,000/- to the prosecutrix as awarded on 16th Day of February, 2002 by learned 4th Additional Sessions Judge, Begusarai in Sessions Trial No. 204 of 2001 arising out of Balia P.S. Case No. 193 of 2000.

(3.) The prosecutrix P.W. 1 has got recorded her Fardbeyan on 24.09.2000 at 13.00 hours at village Manserpur with assertion that on previous night at about 10.00 P.M. while she arrived at Balia railway station and proceeded on foot for her village roughly at 11.00 P.M. she arrived at a distance of 1.50 yards from Bathan of one Khedan Mahto, the appellant (Rickshaw Puller) arrived from village and took her by force towards an orchard and committed rape upon her three to four times. The appellant did not permit her to raise any alarm and after satisfying his lust, he fled-away. After the said occurrence the victim came to village and in the next morning reported the police about the incident and bringing at place of occurrence where the said Rickshaw was still available.