KARI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed against the judgment of conviction dtd. 10/2/2005 and order of sentence dtd. 11/2/2025 passed by the learned Additional Sessions Judge, FTC-II, Darbhanga in Sessions Trial No. 186/1997 whereby and whereunder the appellant has been convicted for the offence punishable under Sec. 376 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for seven years.

(2.) Shorn of unnecessary details, the facts of the case are that the informant recorded her statement to the effect that while she had been sleeping on the varandah of her house and her daughter had been sleeping inside, on 24/25/2/1996 about 1.00 A.M., the appellant Kari Yadav came and gagged her mouth and forcibly committed sexual intercourse with her. Some scuffle took place and she received injuries on both her legs. Hearing her muffled sound, her daughter woke up and raised alarm and Yogendra Yadav and Madan Yadav reached there and, thereafter, the appellant Kari Yadav fled away from the spot.

(3.) On the basis of the aforesaid statement of the informant, a formal FIR being Singhwara P.S. Case No. 15/1996 was instituted under Sec. 376 IPC. The police investigated the matter and submitted charge sheet under Ss. 341, 323, 324 and 376 IPC against the appellant finding the case true. After taking cognizance, the case was committed to the court of sessions where charges were framed against the sole accused/appellant for the offence under Ss. 323, 341 and 376 IPC, to which, the appellant pleaded not guilty and claimed trial.