KHUBLAL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant named above against the impugned judgment and order dated 7.9.1990 passed in Sessions Case Nos. 152 of 1987/163 of 1989 by Shri A.C. Das, Third Additional Sessions Judge, Dumka at camp Jamtara whereby and whereunder the appellant was found guilty for the offence under Section 376 of the Indian Penal Code and he was convicted and sentenced to undergo RI for six years.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 1) of PW 7, Rekha Turi, the informant and said to be the victim of ravishment in this case recorded by AS1, Yadu Paswan of Jamtara PS on 30.9.1986 at 15.00 hours at C.I. Office, Jamtara regarding the occurrence which is said to have taken place on 23.9.1986 at 12 O 'clock in the day in her house situate in village Amdiha where she is said to have been ravished by the appellant. The case was instituted by drawing of the formal FIR (Ext. 2) on 1.10.1986 at 16.00 hours.

(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 in view of the enmity existing and alive between the parties prior to the alleged occurrence.