ALAM ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal 3.t the instance of the appellant is directed against the impugned judgment and order dated 13.7.1998 passed in Sessions Trial No. 11 of 1998 by Shri P.N. Yadav, Sessions Judge, Dhanbad whereby and whereunder the appellant was found guilty or the offence punishable under Section 366/34 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 the written report (Ext. 2) of P.W.7 Chandi Charan Mishra, the brother of the Tarpana Mishra, the alleged victim in his case lodged before the O/C. Hairharpur (Gomoh) P.S. on 26.8.1997 at 22.00 hours Nhich was forwarded to the O/C. Topchanchi Police Station and a formal first information report was drawn on the basis of the said written report on 26.8.1997 at 23.00 hours regarding the occurrence which is said to lave taken place in the night between 24th and 25th of August, 1997 at about 12.00/ 12.30 hours at village -Khairio, P.S. Topchanchi (Hairharpur), District -Dhanbad and the written report and formal first information report were received on 28.8.1997 n the Court empowered to take cognizance.

(3.) IN course of investigation P.W. 5 Tarpana Mishra aforesaid was recovered by the I.O. five hundred yards east of village Ghorathi on 27.8.1997 while she was going by the road to the said village and thereafter her statement under Section 164 Cr. P.C. was recorded on 30.8.1997 in which she has disclosed that she is 30 years old and she was apprehended by the police at 16.00 hours on 25.8.1997 on the road and in the evening on that very day she was brought to the house of her brother, the informant.