SUBHASH DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been directed by the appellant named above against the impugned judgment and order dated 25:7:1990 passed in Sessions Case No. 13 of 1989, 4 of 1989 by Shri Om Prakash Sinha, 1st Additional Sessions Judge, Deoghar whereby and whereunder the appellant was found guilty for the offence punishable under Section 376 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for five years.

(2.) THE prosecution case has arisen on the basis of FIR (Ext. 5) lodged before Karon P.S. on 4.6.1988 at 15.00 hours by PW 4, Kumari Usha Das, the informant and the victim of alleged ravishment, regarding the occurrence which is said to he taken place two days after Id festival i.e., 21.5.1988 at about 6.00 a.m. in the verandah of the Girls High School, Karon which was received in the Court empowered to take cognizance on 6.6.1988.

(3.) THE appellant has pleaded not guiliy to the charge levelled against him and he claims himself to be innocent and to have committed no offence and he has been falsely implicated in this case due to enmity.