CHANDRADEO RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) As the learned counsel for the appellant failed to appear on account thereof, Mr. Ranbir Singh, learned advocate has been requested to assist the court as an Amicus Curiae.

(2.) Appellant, Chandradeo Rai has been found guilty for an offence punishable under Section 376/511 of the IPC and sentenced to undergo R.I. for five years as well as to pay fine appertaining to rupees one thousand in default thereof to undergo R.I. for three month, additionally, under Section 448 IPC and sentenced to undergo R.I. for six months, with a further direction to run the sentences concurrently by the Additional Sessions Judge, FTC-II, Patna vide judgment of conviction dated 29.01.2009 and order of sentence dated 04.02.2009 passed in connection with Sessions Trial No.454 of 2007/1256 of 2007.

(3.) Name withheld (PW.1), the victim filed written report on 20.09.2006 alleging inter-alia that in the of 19.06.2006 at about 11:00 PM while she was going to sleep having lamp burning, all on a sudden her co-villager Chandradeo Rai made house trespass, put out lamp, and gagged her mouth and with an intention to commit rape, caught hold her breast. Anyhow she succeeded in raising alarm whereupon, the villagers began to rush. After perceiving the same, he managed to escape leaving her. So many persons have seen the accused running there from. Today, at morning hour villagers have called him and scolded whereupon, he began to abuse and further, threatened that in case of reporting, she will be given a good lesson.