BHOLA RAM TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, Bhola Ram Tiwari, has filed this criminal appeal, directed against the judgment and order of sentence dated 25.1.2000, passed by the learned 2nd Additional Judicial Commissioner, Ranchi, in sessions trial No. 254/99 corresponding to G.R. No. 19/99 arising out of Ratu P.S. Case No. I/99 whereby the learned 2nd Additional Judicial Commissioner found the appellant guilty under Sections 376 and 450, IPC and convicted him and sentenced him to undergo R.I. for ten (10) years under Section 376, IPC and further sentenced him to undergo R.I. for seven (7) years under Section 450, IPC and directed both the sentences to run concurrently.

(2.) Prosecution case in brief is that on the basis of fardbeyan of one Asti Devi, Officer-in-charge of Ratu Police Station registered a case under Sections 450 and 376, IPC which gave rise to Ratu P.S. Case No. 1/99 dated 2.1.1999 wherein she stated that her husband died about eight years ago and after his death, she was living along with her son Suldip Kumar, aged about nine years. On 30.12.1998 at about 11.00 p.m. in the night, the appellant after breaking open the door entered into her room while she along with her son was sleeping on cot and after entering into her room, the appellant fell on her, as a result of which, she woke up and she started raising alarm but the appellant assaulted her with fist and asked her to keep quiet. Because of fear, she kept mum. The son of the informant got up on her alarm but he too was asked to maintain silence, thereafter he (appellant) committed rape on her and remained for two hours in the house playing with the body of the informant. While leaving the place, the appellant had threatened the informant with dire consequences if she disclosed anything or gave information to the police. The appellant once again on 2.1.1999 came in the morning in the house of the informant and asked her to return a sum of Rs. 7.500/- the amount which had fallen there from his pocket in the night of occurrence and started abusing the informant; thereafter she came to the Police Station and lodged the case. I.O. after investigation submitted the charge-sheet and the learned Court below after perusal of evidence both oral and documentary adduced by the parties came to the finding as aforesaid and convicted and sentenced accordingly.

(3.) The appellant has denied the occurrence and has made out a case that informant was working as maid servant in his house and she had stolen a sum of Rs. 7.500/- which he had gone to take whereupon this false case has been lodged.