BABLU SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been filed by the sole appellant Bablu Sah against the judgment of conviction and sentence dated 09.08.2011 passed by the Additional Sessions Judge -II, Vaishali at Hajipur in Sessions Trial no.336 of 2009/109 of 2010 holding the appellant guilty for an offence punishable under Section 376 of the I.P.C. and sentenced to undergo rigorous imprisonment for ten years.

(2.) PW -3 Makhan Choudhary father of victim Mamta Kumari (PW -8) filed written report on 31.07.2008 disclosing therein that he resides over railway land after constructing house thereupon. A day before yesterday, he along with his wife and two minor sons had gone to his Sasural leaving victim Mamta Kumari along with three younger sisters for treatment of his wife, who disclosed on telephone that on 29.07.2008, his neighbour Babban Sah took her away to his house on the pretext of being called by his elder brother Bablu Sah. As soon as his daughter Mamta Kumari, aged about 13 years, had gone to the house of Bablu Sah, Bablu Sah closed main door and dragged her to backward room where he committed rape upon her. He immediately rushed along with his wife and children and enquired from his daughter and after coming to know about the whole facts has launched the criminal prosecution.

(3.) ON the basis of the aforesaid written report Hajipur Town P. S. Case No.404 of 2008 was registered under Section 376 of the I.P.C. whereupon investigation commenced followed with submission of charge sheet leading to trial meeting with ultimate result, the subject matter of instant appeal.