MANJAR IMAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been directed by the sole appellant named above against the judgment and order dated 27.4.1996 passed in ST No. 403 of 1993 by Sri R.P. Pathak. Sessions Judge, Giridih whereby the appellant was found guilty for the offence punishable under Section 376, IPC and he was convicted and sentenced to undergo R.I. for 10 years and also to pay a fine of Rs. 5,000/ -to be paid to the prosecutrix, ie., the informant, and in default thereof to further undergo R.I. for one year.

(2.) THE prosecution case has arisen on the basis of the written report of PW 1, the informant, lodged before the S.P. Giridih on 31.3.1993 regarding the occurrence which is said to have taken place on 27.3.1993 at 7.00 Oclock in the morning in village Khurd Magha, P.S. Jamua, District Giridih and the FIR in respect thereof was instituted on 13.4.1993 when it was received in the Jamua P.S. The allegation is that the appellant has ravished PW 1 the informant.

(3.) THE appellant has pleaded not guilty to the charge levelled against him and he claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case due to enmity at the instance of PW 3, Afjal and PW 4, Md. Akhtar. It has also been contended that no occurrence at all, as alleged, has ever taken place.