BHELNA MALLAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has preferred this appeal against the judgment and order dated 29th of April, 1993 passed by the 1st Additional District and Sessions Judge, Saharsa in Sessions Trial No. 95 of 1990 convicting the appellant Bhelwa Mallah under Section 376 of the Indian Penal Code and sentenced him to undergo R.I. for 8 years.

(2.) The prosecution case in brief is that informant Geeta Devi (Victim woman -P.W. 2) in her statement recorded on 31 -12 -1988 at 10.00 a.m. by S.I. of Kishanpur P.S., district Saharsa, alleged that on the same day in the morning at about 6.00 a.m. she had gone to cut Lar along with her mother -in -law at Matnaza Badh. When she was cutting Lar a man suddenly came there and caught her hand and threw on the ground, thereafter committed rape on her. She started weeping and raised hulla. Her mother -in -law namely, Sudama Devi (P.W. 3) rushed there. The accused pointed out a pistol on her and threatened. Thereafter, her mother -in -law fled away raising alarm. On hulla the nearby villagers including Mahendra Yadav, Moti Lal Ram arrived there. Accused tried to fled away. He was chased by the villagers and apprehended. The accused disclosed his name. The local villagers also assaulted him, and forwarded to the police. On the basis of the statement of the victim levy (P.W. 2), the case was registered and after investigation charge -sheet submitted and the trial proceeded in the Court below.

(3.) The case of the defence is that the accused has been falsely implicated in this case because of village politics and enmity.