ARBIND MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the judgment of conviction dated 26th June 1992 and order of sentence dated 27th June 1992 of the 7th Additional Sessions Judge, Nalanda at Biharsharif passed in S.T.No. 355 of 1991/54 of 1991 whereby the appellant has been convicted under Sec. 452 I.P.C. and sentenced to undergo R.I. for two years.

(2.) The First Information Report of the case was recorded on the statement of Nawal Kishore Ram (RW.3), husband of victim Manti Devi (RW.2). The informant alleged that in the mid night of 19/20th August 1990, while he (the informant) had gone out to other village and his wife (the victim) was sleeping on the roof of his house, the appellant climbed on the roof through the bamboo ladder and assaulted his wife (P.W.2) with fists and slaps and also committed rape on her. The informant further alleged that in the ensuing morning, when he went to the appellant's house to complain about the offence, the appellant assaulted him with fists. After recording the F.I.R. investigation commenced and on completion of the investigation, charge-sheet was submitted for offence under Sections 376 and 452 I.P.C. The appellant was tried by the trial court which found that the charge under Section 376 I.P.C. was not proved but the charge under Sec. 452 I.P.C. was held proved and the appellant was convicted and sentenced, as above.

(3.) As many as ten witnesses were examined by the prosecution. P.W.1 Sunila Kumari is the daughter of the victim who deposed that in the night of occurrence, she woke up on hearing cries of her mother and she further deposed that the appellant had committed the offence.