MD. ABULESH @ LASIA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant has been convicted under Section 452 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and a fine of Rs. 2000/- with default clause by judgment and order dated 16.8.2003 and 25.8.2003 respectively passed by Sri Alok Chandra Prasad, the then 1st Additional Sessions Judge, Bhagalpur in Sessions Trial No. 768 of 1993/T.R. No. 47 of 1996 by which the appellant was acquitted from the charges under Sections 376, 109, 323 and 380 IPC.

(2.) Prosecution case as per the fardbeyan of informant Bibhash Devi (PW 3) recorded by A.S.I. Basant Lal of Herneth-Sahkund Police Station, camp Khaira on 13.12.1990 at 6 hours, in short, is that on 12.12.1990 at about 9.10 P.M. informant Bibhash Devi was sleeping in her house and on noise made by her father-in law Chamru Pandit (PW 1) she came out after lighting Dibiya and saw the accused persons, namely, Amnu Mian, Lasia alias Abulesh and one unknown, to whom she could not identify. All three accused persons started assaulting her father-in-law and demanding money from him. The informant tried to save her father-in-law, on which miscreants caught hold of her by hairlock and dragged her out. Thereupon the informant began to cry and she was taken near a Neem tree outside the house by lifting her and thereafter she was subjected to rape by accused Amnu Mian and appellant Lasia alias Abulesh. It is also the case of prosecution that from PW 1 they have taken away Rs. 700/-.

(3.) On the basis of above fardbeyan, Sahkund P.S.Case No. 103 dated 13.12.1990 was registered for the offences under Sections 394, 376, 323 and 364 IPC. Charge sheet has been submitted under Sections 452, 380, 323, 354 and 376 IPC. Cognizance of the offence was taken and thereafter after commitment the case traveled to the file of Sri Alok Chandra Prasad, the then 1st Additional Sessions Judge, Bhagalpur for trial and disposal.