TARKESHWAR SAHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal at the instance of the appellant is directed against the impugned judgment and order dated 6.8.1999 passed in Sessions Trial No. 340 of 1998 by Shri Rakesh Ranjan Verma, 5th Additional Judicial Commissioner, Ranchi whereby and whereunder the appellant was found guilty for the offence punishable under Section 376/511 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for seven years.

(2.) THE prosecution case has arisen on the basis of the written report (Ext. 1) of PW 1 Ram Charan Baitha, the informant and father of PW 7, Tara Muni Kumari aged about 12 years, the alleged victim in this case lodged before Burmu P.S. on 18.2.1998 at 2.30 hours regarding the occurrence which is said to have taken place at 1.30 hours i.e. in the night between 17.2.1998 and 18.2.1998 in the gumti in the vicinity of his house situate in village Burmu, P.S. Burmu, District, Ranchi and a case was instituted against the appellant by drawing of a formal FIR (Ext. 2) at 2.30 hours on 18.2.1998.

(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 at the instance of PW 5 Gyan Kumar Sahu and the informant due to enmity.