RAMESH MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) During course of raising submission under I.A.No.01/2019, reviving the prayer for bail under the garb of observation so made while rejecting the prayer for bail at an earlier occasion vide order dated 02.07.2018, learned counsel for the appellant has submitted that considering the evidence of so alleged victim (PW 8), it is a fit case wherein the finding so recorded by the learned lower court with regard to Section 376/511 IPC is not maintainable and, in likewise manner, the sentence having been inflicted therefor, RI for four years would also not be attracted. In the aforesaid background, the appeal be heard on merit in the background of period of custody of the appellant.

(2.) It has further been submitted that considering the evidence of the victim, PW-8, it is apparent that in worst case, even accepting the same, it happens to be a case of outraging the modesty of a woman punishable under Section 354 IPC, though when the evidence of the other witnesses are taken together, it is apparent that there happens to be inconsistency which, in the background of period of custody since the date of judgment i.e., 15.05.2018, the sentence could be reduced to the period having been undergone.

(3.) Learned APP, while opposing the submission having been made on behalf of the appellant, has submitted that though, there happens to be inconsistency amongst the PWs on certain aspect but appearance of appellant in the dead night over the roof of victim and further putting his hand over the breast of the victim, speaks a lot, at least, with regard to intention which the appellant was carrying at the time of occurrence but, the victim had not alleged beyond that and so, the submission having made on behalf of learned counsel for the appellant could be considered.