ETA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals aforesaid arise from the common judgment and order as such they have been heard analogous and disposed of by this judgment.

(2.) Both the appeals aforesaid have been directed by the appellants named above against the judgment and order dated 20-3-1996 passed by Sri Sarju Prasad, VIIth Addl. Judicial Commissioner, Ranchi in Sessions Trial No. 588/94/T.R. 40/95 whereby all the appellants named above were found guilty for the offence punishable under Section 366, I.P.C. and convicted and sentenced to undergo R.I. for 7 years each. However, the appellants were not convicted for the offence punishable under Section 363, I.P.C. in view of the conviction under Section 366, I.P.C.

(3.) The prosecution case has arisen on the basis of the fardbeyan of P.W.1 Dharmshila Devi, the mother of the alleged victim girl Asha Kumari (P.W.4) recorded by S. K. Rai, O/C Kotwali (Sukhdeo Nagar) P.S. on 6-4-1994 at 13.00 hours at Sukhdeo Nagar P.S. regarding the occurrence which is said to have taken place on 2-4-1994 at about 9.00 p.m. at New Madhukum Bhawani Path, P.S. Sukhdeo Nagar, District Ranchi.