SOHAN CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) By judgment dated 04.02.2009 passed by learned Additional Sessions Judge, F.T.C. VIth, Sitamarhi in S. Tr. No. 387 of 2007/96 of 2007, arising out of Runnisaidpur P.S. Case No. 195/2006, appellant, Sohan Chaudhary has been convicted for offence under Section 376/511 of the Indian Penal Code and by order dated 06.02.2009, he has been sentenced to undergo R.I. for four years with fine of Rs. 2000/-. In default of payment of fine, to further undergo R.I. for three months.

(2.) Heard the learned counsel for the appellant as well as the State.

(3.) The prosecution case, in brief, is that on 19.08.2006 at 10 A.M., the informant went to temple for worship and his wife Rita Devi, aged about 26 years, was bathing at hand-pipe in her Angan. In the meantime, his neighbour Sohan Chaudhary (appellant) entered into his Angan and kept her forcibly in his lap and took her in the shed of Kailash Chaudhary and tried to commit rape upon her, but on alarm, Sohan Chaudhary did not succeed in doing so. Hearing the alarm, witnesses also came there. When the informant returned to his house, his wife narrated the entire story.