BABLOO SINGH Vs. STATE OF BIHAR NAE JHARKHAND

JUDGEMENT

(1.) This appeal has been filed by one of the convicts namely Babloo Singh who along with other co-convict namely Bansidhar Ghosh was charged for commission of the offence under Section 376/511 and 458 of the Indian Penal Code. By the impugned judgment passed by the Assistant Sessions .Judge, Raj Mahal in Sessions Case No. 14 of 1993, the accused Bansidhar Ghosh was convicted for committing the offence under Section 376/511 of Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of ten years for the offence under Section 376/511 IPC and seven years for, the offence under Section 458 IPC.

(2.) So far the present appellant Babloo Singh is concerned he was convicted only for the offence under Section 458 IPC and was sentenced to undergo rigorous imprisonment for a period of seven years. The co-convict Bansidhar Ghosh did file a separate Criminal Appeal before this Court being Cr. Appeal No. 255 of 1994 challenging the judgment of conviction and sentence against him passed by the trial Court. It appears that the appeal filed by the said Bansidhar Ghosh was heard by a Bench of this Court and by judgment dated 13-9-05 the appeal filed by Bansidhar Ghosh was dismissed with modification in sentence by reducing the sentence of rigorous imprisonment for seven years to the period already undergone by him.

(3.) The prosecution case in short is that on 22-9-80 at about 8-9 p.m. while the informant Geeta Devi (P.W. 5) was sleeping on a cot with his brother Raj Kumar aged about thirteen years, at that time she felt that some one was sitting on her thighs and was molesting her and he was also trying to commit rape. She woke up and raised alarm. According to her one Diya (earthen pot) was also burning in the room and in that light she saw that Bansidhar Gosha the other co-convict was sitting on her thigh and by removing her clothes, he was trying to have intercourse with her. At that time Babloo Singh the present appellant was standing there with a sickle in his hand and was threatening her as well as her brother that if they would raise alarm then they would be killed. It was further alleged that as soon as the informant raised alarm Babloo Singh this appellant fled away from that place leaving sickle in that very room itself. Thereafter Bansidhar Ghosh closed the door of the room from inside and started threatening the informant that if she or her brother would raise hulla then they would be killed. It is stated that after some time the Police party arrived at place and broke open the door and then arrested the accused Bansidhar Ghosh along with a sickle.