UGRESH MEHTA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel for the respondent.

(2.) THE sole appellant has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/ - and in default of payment of fine to undergo rigorous imprisonment for one year.

(3.) ON the basis of the statement of the informant, First Information Report was lodged and investigation proceeded. The police during investigation got the informant examined by the Doctor. The police inspected the place of occurrence which is one pucca room of the victim facing east with Varandah in the eastern side followed with a courtyard and thereafter semi constructed house of the accused is also in the western side of the house of the victim. He also found a cot in the room and also found a cot in the Varandah. The police after investigation, submitted charge -sheet and after submission of the charge -sheet, cognizance was taken and case was committed to the Court of Session. After commitment, the charge was farmed under Section 376 of the Indian Penal Code. During trial ten witnesses were examined on behalf of the prosecution. One witness has also been examined on behalf of the defence. The witnesses examined by the prosecution are P.W. 1 Bhola Kumar Mehta who has been declared hostile and not supported the prosecution case and deposed that he did not know about the occurrence.