CHATURBHUJ SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of judgment of conviction dated 19.03.2002 passed by learned 5th Additional Sessions Judge, Muzaffarpur in Sessions Trial No.603 of 1996 by which the solitary appellant Chaturbhuj Sah was held guilty of committing offence under Section 376 of the Indian Penal Code. The appellant was heard on sentence on 20.03.2002 and was directed to suffer rigorous imprisonment for seven years. The appellant questions the correctness and propriety of judgment of conviction and appropriateness of the order of sentence in the present appeal.

(2.) A petition of complaint, filed before Sub Divisional Judicial Magistrate, West Muzaffarpur, is the basis upon which the case was initiated. In fact a copy of the complaint petition was transmitted under Section 156(3) Cr.P.C. to the concerned police station and the FIR was drawn up and the case was investigated into.

(3.) The facts of the case as narrated in petition of complaint lodged three days after the incident dated 01.05.1996 recited that on account of hot and sultry weather, the prosecutrix (P.W.5), after having put to sleep her children on earth, had herself slept on a Chauki kept in the verandah of the house. The husband of the prosecutrix was a denting-mechanic who was working in some garage and was not present in that night in his house. It was stated that while she was sleeping, she felt that some one had mounted on her and attempted to gag her as also to remove her cloths. The prosecutrix was awoke and she resisted the act. But in the meantime, the man succeeded in committing rape upon her. While the act was being committed, the lady succeeded in removing the hand of the accused from her mouth and raised an alarm which attracted persons.