PRAMOD KUMAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALTHOUGH appellant, Pramod Kumar Pandey, was charged u/s. 376 read with Sec. 511 of the Indian Penal Code in Sessions Trial No. 624/16 of 1990/91, arising out of Jamui PS. Case No. 114/89, he was, however, convicted by Sri Nirmalendu Kumar Kanth "Niraj", the then 1st Additional Sessions Judge, Jamui, by Judgment and order dated 23.11.1992 u/s. 354 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for a term of one year.

(2.) IT appears that one Ramgulam Sah (P.W. 2) filed a petition of complaint on 29.6.1989 before the Additional Chief Judicial Magistrate, Jamui, alleging commission of offences under Ss. 323, 376, 511 of the Indian Penal Code at the hands of the appellant herein and on the same being transmitted to the concerned Rs. u/s. 156(3) of the Code of Criminal Procedure Jamui RS. Case No. 114/89 was registered under Ss. 341, 323, 376/ 511 of the Indian Penal Code. The narration in the complaint, briefly, was that at around 12 noon on 28.6.1989 while Rani Kumari (P.W. 5), the complainant 'sdaughter -in -law, was attending to her grazing cow in a Bahiyar, the accused arrived suddenly and catching hold of her dragged her forcibly towards a ditch and with the intention to commit rape threw her on to the ground and climbing top her started removing her sari. It is said that when the victim raised protest she was assaulted and a pistol was put against her chest. However, Rani Kumari managed to raise hulla attracted whereby the witnesses arrived seeing which the accused took to his heels. It is alleged that had not the witnesses arrived, the daughter -in -law would have been ravished.

(3.) IN support of its case the prosecution examined as many as seven witnesses including the doctor and the Investigating Officer, Several documents were also adduced in evidence to give an additional impetus to the prosecution case.