HARO RAM @ HARIBANSH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) None appears on behalf of appellant, on account thereof, Sri Neeraj Kumar @ Sanidh, learned counsel has been requested to assist the Court as an Amicus Curiae.

(2.) Appellant Haro Ram @ Haribansh Ram vide judgment of conviction dated 20.09.2014 and order of sentence dated 22.09.2014 passed by the 2nd Additional Sessions Judge, Jamui in Sessions Trial No.147 of 2011 arising out of Complaint Case No.1624C of 2009 has been found guilty for an offence punishable under Section 376 of the I.P.C. and sentenced to undergo S.I. for seven years as well as to pay fine appertaining to Rs.2,000/- and in default thereof, to undergo S.I. for three months, additionally.

(3.) For an occurrence alleged to have taken place in the night of 14.12.2009 at about 9.00 P.M. complaint has been filed on 23.12.2009 and for that, an explanation has been given by way of introduction that during intervening period, complainant (victim) was very much engaged in convening panchayati which did not materialize, with a narration that she has been raped by Haro Ram, who intruded inside the room after removing the bamboo door. It has also been disclosed that she tried to avert the same by showing resistence and during course thereof, also sustained assault at the end of othe accused, but anyhow she raised alarm, whereupon Samar Manjhi came, seeing whom Haro Ram fled away.