BHOLA PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant faced trial for the alleged commission of the offence punishable under Section 376 of the Indian Penal Code. The learned lower Court found him guilty under Section 376, IPC and convicted him thereunder and sentenced him to undergo R.I. for seven years.

(2.) The prosecution version as unfolded in trial is as follows : The informant Chameli Devi on 28.11.1987 at 3.00 p.m. had gone to cut out grass near river Durgawati accompanied by Shiv Chand Mushar and Santra Kumari, brother-in-law and the sister-in-law respectively. It is further said that suddenly the appellant Bhola Pandey reached there and cought hold of her and then pushed her down on the ground and committed rape on her. In Course of this incident her blouse were torn and her petticoat was stained with semen of the appellant. She went to her house and narrated about the incident to her mother-in-law and the husband.

(3.) The fard beyan of the informant was recorded at Chenari Police Station on the same day at 17.30 (5.30 p.m.) hours by the S.I. Jamindar Singh of Chenari Police Station. As usual, investigation followed and the charge sheet was submitted against the appellant under Section 376, IPC. Cognizance was taken and the case was committed to the Court of Sessions and the appellant was put on trial before the Court of Sessions.