JILO TIGGA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed against the judgment and order dated 24.6.1996 passed in S.T. No. 2 of 1994 by Shri Vasudeo Ram, 2nd Additional Judicial Commissioner, Ranchi, whereby the appellant was found guilty for the offence punishable under Section 366 of the I.P.C. and he was convicted and sentenced to undergo R.I. for ten years.

(2.) The prosecution case has arisen on the basis of the fardbeyan of PW 3 Pavitri Devi, the informant, recorded by S.I., Shri S.K. Pathak, Officer-in-Charge, Argora PS in the premises of the PS on 1.5.1993 at 13.05 hours regarding the occurrence which is said to have taken place at 00.15 hours on that very day in the residential house of the informant at Argora Housing Colony, PS Argora, District Ranchi.

(3.) The prosecution case in brief is that PW 3, the informant, was sleeping in her house along with her three children aged about 12 years, 8 years and 6 years respectively in the night of the occurrence and she awoke on the rattling sound of her door and she was asked to open the door failing which a bomb shall be thrown. It is alleged that the informant opened the door of the said house and one unknown person came inside the house and directed the informant to light 'dibiya'. It is alleged that the informant has identified that man as the driver of the police station and thought that he had come to her house to make the search of the house as her husband is in custody in the police station in a theft case. The prosecution case further is that the said man ravished her and went away. It is also alleged that, thereafter, the informant awoke her son and enquired regarding the time. It was also alleged that on enquiry she has learnt that the name of the said person is Jillo Tigga.