BRAJESH RAJWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal at the instance of the appellant named above is directed against the impugned judgment and order dated 08.07.1998 and 10.07.1998 respectively passed in S.T. No. 195 of 1997/T.R. No. 29 of 1997 by Sri Anant Vijay Singh, 3rd Additional Judicial Commissioner, Ranchi whereby and whereunder the appellant was found guilty for the offence punishable under Sections 376, 323 and 448 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for ten years, one year and one year for the offence under Sections 376. 323 and 448 of the Indian Penal Code respectively. However, the sentences were ordered to run concurrently.

(2.) THE prosecution case has arisen on the basis of the written report of PW 6 Lila Kumari, the informant, said to be the alleged victim of ravishment lodged before Dy. S.P. Silli, Ranchi on 19.07.1996 regarding the occurrence which is said to have taken place on 15.07.1996 at 10.30 hours in her house situate in village Silli, District Ranchi and a case was instituted by drawing of a formal FIR on 19.07.1996 at 19.30 hours. The written report and the FIR was received on 21.07.1996 in the Court empowered to take cognizance.

(3.) THE appellant has pleaded not guilty to the charges 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 due to enmity existing and alive between the parties regarding land dispute.