BABAN RAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been directed by the appellant named -above against the impugned judgment and order dated 12.8.1997 passed in Sessions Trial No. 347 of 1996 by Sri B.N.P. Singh, sessions Judge, Palamau at Daltonganj whereby and whereunder he 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 four years.

(2.) THE prosecution case has arisen on the basis of the FIR (Exhibit 2) of PW 6, Noor Jahan said to be the victim of alleged ravishment of this case lodged before Haidernagar Police Station on 26.4.1996 at 7.00 hours regarding the occurrence which is said to have taken place on 25.4.1996 at 21.00 hours in the vicinity of the hillock near Devi Dham in village Haidernagar.

(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 the case at the instance of PW 8 Ramakant Tiwary, O.C. of Haidernagar Police Station, who had grudge and vendetta against him.