RAMESH MOCHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision is directed against the judgment of conviction and sentence dated 1,7.1999 passed by the learned Sessions Judge, Gumla. in Criminal Appeal No. 32 of 1999 by which the learned appellate Court confirmed the judgment of conviction and order of sentence dated 15.4.1999 passed by the 2nd Assistant Sessions Judge, Gumla, in Sessions Trial No. 243 of 1997 by which the learned Assistant Sessions Judge convicted the petitioner under Sections 376, 448 and 323 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years under Section 376 of the Indian Penal Code, two months rigorous imprisonment under Section 448 of the Indian Penal Code and one month rigorous imprisonment under Section 323 of the Indian Penal Code. However, all the sentences were ordered to run concurrently.

(2.) THE case of the prosecution in brief is that on 1.6.1997 at night when the informant was sleeping in the house alone, in the meantime, the petitioner came there and pounced upon her and thereafter he committed rape on her forcibly. It is also alleged that the family members of the informant had gone to the house of Ghasia Oraon to attend the feast. The informant made protest at the relevant time but the petitioner gave bhujali blow on her left fore -head and dragged her near the Dhaba where she was forcibly raped. After investigation the police submitted charge -sheet against the petitioner.

(3.) AGAINST the said judgment of the trial Court, the petitioner preferred an appeal before the learned Sessions Judge, who after considering the evidence and materials available on the record, dismissed the appeal by order dated 1.7.1999. Thereafter this revision has been preferred on the ground that the learned Court below have not appreciated the evidence and the materials brought on record properly as there is much contradiction in the evidence of PW 5. It is also alleged that the victim was examined by the Medical officer but no sign of rape was found and the petitioner has been dragged falsely in this case out of land dispute.