RAJA SAH @ KANHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Raja Sah @ Kanha, who has been found guilty for an offence punishable under Sections 450 and 376 of the I.P.C. vide judgment of conviction dated 31.01.2011 and sentenced to undergo R.I. for seven years, under Section 450 of the I.P.C., R.I. for seven years with a further direction to run the sentences concurrently vide order dated 02.02.2011 rendered by the Additional Sessions Judge, Fast Track Court-II, Madhubani in Sessions Trial No.356 of 2009 has challenged the same by way of instant appeal.

(2.) PW-8 Navin Kumar, who happens to be the son of victim Bauan Devi, aged about 70 years, had filed written report on 09.03.2009 at about 8.30 p.m. disclosing therein that he along with his mother resides at Suratganj (Lohapatti). On the same day at 5.30 p.m. while he had returned from market after taking medicine, he heard sound of crying raised by his mother. He gone inside and in the mobile light, he had seen Raja Sah, his neighbour indulged in committing rape over his mother Bauan Devi. He caught hold him, however, the accused indulged in scuffle. During course of which, he assaulted him with stone particle. In course of fleeing, he (Raja) fell down inside the room over which, he, after locking the room, began to raise alarm attracting neighbours. He disclosed the occurrence. As soon as the room was opened, Raja Sah came out and ran away subsequently thereof, he lifted his mother to hospital where police came, before whom he submitted written report.

(3.) On the basis of the aforesaid written report, Madhubani Town P. S. Case no.63 of 2009 was registered under Sections 450 and 376 of the I.P.C. whereupon investigation commenced and concluded by way of submission of charge sheet. Accordingly, cognizance was taken. On account of offences being triable by the Court of Sessions, committed the case and then thereafter, trial commenced and concluded, the subject matter of instant appeal.