MUNNA MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant Munna Mian has filed this appeal against the Judgment and Order dated 08.07.1994 passed by Sessions Judge, Deoghar in Sessions Trial No. 120 of 1992 whereby, the Sessions Judge convicted the appellant under Section 376/511 of the Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for a period of five years. The other four accused namely Salim Mian, Babu Mian, Bomber alias Khalil Mian and Aslam Mian, who are not appellant herein, were convicted under Section 225 of the Indian Penal Code and were sentenced to undergo Rigorous Imprisonment for a period of one year each.

(2.) THE prosecution case in short is that the informant Suraj Mani Soren (victim) recorded her Fard Bayan on 23.06.1990 at 2:30 P.M. alleging therein that on the preceding day i.e. 22.06.1990, at about 5:30 P.M., she was washing her hands and feet in the 'Joria (Rivulet)' situated on the south of the village, after throwing away the cow -dung. In the mean time, the appellant Munna Mian came there from Southern direction and caught hold of her from behind and thereafter, pulled her down on the ground and then attempted to commit rape on her. She started struggling for her release and in that process, her blouse was also torn away. She raised alarm whereupon, Sahdeo (P.W. -1), Nabo Marandi (P.W. -5), Jageshwar Soren (P.W. -6) and others rushed there. Munna Mian wanted to escape but the aforesaid persons chased him and caught and thereafter, when he was being brought to Madhupur Police Station, in the mean time, the other accused persons namely Salim Mian, Babu Mian, Bomber alias Khalil Mian and Aslam Mian arrived and forcefully rescued the appellant Munna Mian. Due to fear, the informant did not go to the Police Station in the night and then, in the following morning, the information was sent to the Police Station and after the Police arrived there, her Fard Bayan was recorded.

(3.) IN order to establish charges, altogether 7 P.Ws. were examined on behalf of the prosecution out of whom, P.W. -1 Sahdeo Hansda, P.W. -2 Loba Ram Marandi, P.W. -4 the informant and P.W. -6 Jageshwar Soren are the material witnesses. P.W. -3 Sitalal Tudu is a hearsay witness. P.W. -5 Nabo Marandi has been tendered whereas P.W. -7 Chandra Shekhar Singh is a formal witness. The Investigating Officer of the case has not been examined by the prosecution. The learned Trial Court, on the basis of the evidence adduced by the prosecution, convicted and sentenced the appellant as stated in the preceding paragraphs.