BHARAT PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant Bharat Poddar has been found guilty vide judgment dated 17.09.2013 for an offence punishable under Section 366A of the IPC as well as 376 of the IPC and sentenced to undergo R.I. for five years as well as also slapped with fine appertaining to Rs.5,000/ - in default thereof to undergo S.I. for six months under Section 366A, R.I. for seven years as well as also slapped with fine appertaining to Rs.10,000/ - in default thereof to undergo S.I. for one year, with a further direction to run the sentences concurrently vide order dated 20.09.2013 by Adhoc Additional Sessions Judge -Ist, Saharsa in Sessions Trial No.135 of 2013 is the subject matter of challenge in the instant appeal.

(2.) IT has been submitted on behalf of the appellant that the judgment of conviction and sentence recorded by the learned Lower Court happens to be bad and illegal as well as is also based upon wrong appreciation of the evidence available on the record. It has been submitted that save and except P.W.1 Fulo Kumari, the victim, none is an eye witness of the occurrence. It has further been submitted that Fulo Kumari happens to be a major girl as well as a consenting party and to support the same nine defence witnesses have been examined on behalf of the appellant. However, the learned Trial Court had completely ignored the same.

(3.) NOW coming to the evidence of P.Ws., it has been submitted that from the evidence of Fulo Kumari itself, it is apparent that she was a consenting party and on account thereof, being major appellant cannot be held guilty for kidnapping as well as for commission of rape rather whatever had happened, been consensual one. So submitted that the judgment of conviction and sentence recorded by the learned Trial Court happens to be bad, illegal, arbitrary and is fit to be set aside with regard to status of other P.Ws., it has been submitted that they are worthless.