NARAYAN LAHRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant namely Narayan Lahri has filed this appeal against the judgment dated 3 -12 -99 and order of sentence dated 6 -12 -99 passed in Sessions Trial No. 119 of 1997 corresponding to G.R. No. 4357 of 1996 arising out of Burmu P.S. Case No. 55 of 1996 whereby the appellant was found guilty under Sections 376, 452, 387 and 323 IPC and the appellant was convicted to undergo R. I. for seven (7) years under Section 376, five (5) years each under Section 452 and 387 and further for six (6) months under Section 323 IPC and sentences were directed to run concurrently.

(2.) PROSECUTION case in brief is that one Shanti Devi on the alleged date and time of occurrence was alone in her house and the appellant entered her house, demanded money as Rangadari tax and snatched gold earrings and Rs. 4,000/ - and when the protested about the same, then he threw her on the ground and committed rape on her. After commission of rape, she raised alarm whereupon witnesses turned up and saw the appellant running away. The victim lady did not go to the P.S. although some persons had advised her to go to P.S. and inform the police but as her husband was not in the house as he had gone to her sasural to see his ailing father -law, she did not file any case without his consent. After two weeks when her husband came and thereafter they came to P.S. but P.S. did not entertain their application and, therefore, a complaint case was filed against the alleged action of the appellant and the court was pleased to send the case to the concerned P.S. for registration and investigation under Section 156(3) Cr. P.C. and the I.O. after investigation submitted charge sheet in the case. Cognizance was taken and the case was committed to the court of sessions and after recording of evidence both oral and documentary on behalf of the both the sides learned Court below found the appellant guilty aforesaid and passed the sentence.

(3.) P .W. 3 is father -in -law of the victim lady, P.W. 4 is the informant Shanti Devi and P.W. 5 is the husband of the informant P.W. 1 is Govind 'Sao who came to the place of occurrence soon after the occurrence, Similarly, P.W. 2 Tahlu Sao who also came soon after occurrence. P.W. 6 is a lady doctor who examined the victim lady (P.W. 4) and P.W: 7 is the I.O. of the case.