HARE RAM MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) This appeal is directed against the judgment dated 16th Dec., 2014 and the order dated 17th Dec., 2014 passed in Sessions Trial No.26 of 2002 by the learned Additional Sessions Judge IV, Begusarai, whereby and whereunder the sole appellant has been convicted under sections 448 and 376 of the Indian Penal Code and sentenced to undergo R.I. for ten years and to pay a fine of Rs. 5,000.00 for the charge under section 376 of the Indian Penal Code, and in default thereof, to undergo simple imprisonment for two months. However, no separate punishment has been awarded for the proved charge under section 448 of the Indian Penal Code.

(3.) The prosecution case is based on the fardbeyan of one Ram Balak Singh, P.W.8, recorded by one Devendra Prasad, an Assistant Sub Inspector of Police on 13th Sept., 2001 at 1.00 a.m. in village Parna. The informant Ram Balak Singh has alleged in the F.I.R. that on 13th Sept., 2001 at about 12.15 in the night while he was fast asleep at his outhouse, his nephew Pappu Singh son of Umesh Singh woke him up and told that the appellant Hare Ram Mahto has entered into the house. Thereafter, he went to his house and found that the appellant was confined inside the house. The two sons of the informant, namely, Munna Singh and Mintu Singh told him that the appellant was having sexual intercourse with his wife and therefore both of them were confined inside the house. Thereafter, when the door was opened, the appellant tried to flee away but the informant, his two sons and some other co-villagers captured him after pursuit. The appellant was then brought to the house of the informant and was confined inside the house. The informant's son Munna Singh along with some neighbours went to the police station to inform the police. The informant has further stated that the appellant committed rape upon his wife after forcibly entering into his house.