SADAN RAUT Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) The sole appellant Sadan Raut stands convicted for the offence under Sections 376/511 of the Indian Penal Code and sentenced to serve rigorous imprisonment for five years by the 2nd Additional Sessions Judge, Seraikella in Sessions Trial No. 229 of 1998.

(2.) The brief facts leading to his conviction are that the informant Santra Devi, wife of Bengali Kalandi, of village- Bisaigora, Police Station- Kharsawan, has gone to purchase rice from the shop of Sheo Mandal in the evening of 17th February 1998. It is further stated that when she was returning with one kilogram of rice and reached in front of the house of the appellant, she was caught hold from behind by the appellant and dragged towards a bush. It is further stated that the appellant threw her on the earth and tried to commit rape upon her. Thereafter she raised alarms and her husband and other witnesses reached there, as such the appellant fled away. The incident was reported on the next day of the occurrence at Kharaswan Police Station on 9.00 A.M. On the basis of which Kharaswan Police Station Case No. 8 of 1998 was instituted.

(3.) The police investigated the case and finally submitted charge sheet against the appellant The case of the appellant was committed to the Court of Sessions for trial. The learned trial Court framed charge against him on 9-4-1998. The appellant pleaded not guilty and claimed to be innocent. The trial Court after examining the witnesses, ultimately found him guilty of the offences, attempt to commit rape and sentenced him to serve rigorous Imprisonment for five years.