CHUNIA Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) This appeal arises against the judgment dated 22-3-1990 passed by the Session Judge, Godda in Sessions Trial No. 64 of 1988, whereby the learned Sessions Judge convicted the appellant for the offence under Section 376 of the Indian Penal Code and sentenced him to undergo R.I. for a period of 7 years.

(2.) The prosection case, in short, is that the victim, Gyanwati Devi (P.W. 6) lodged F.I.R. (Ext. 2) on 14-1-1988 at about 3 P.M. against the appellant alleging therein that on 13-1-1988 at about 4 P.M. while she was picking up cow-dung from the field of appellant, he (appellant) who was grazing his buffalo came there and threw her on the ground and then committed rape on her. She tried to stand up but the appellant did not allow her to do so and then she raised alarm and on alarm Dhurkhaili Ravidas, Basudeo Ravidas, Nakul Ravidas and others, who were working in the Bahiyar, arrived there and saw the appellant fleeing away from the place of occurrence. They tried to catch the appellant, but they could not succeed. A Panchayat was held in the village but since the dispute could not be resolved and then the F.I.R. was lodged.

(3.) The Investigating Officer after completing the investigation, submitted charge- sheet against the appellant. The case was committed to the Court of Session and the charges were framed against the appellant. The defence case was of false implication and denial of the offence.