BIR SINGH MHATO Vs. STATE OR BIHAR

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment and order of conviction and sentence dated 14-6- 2000 passed by the trial Court in Sessions Trial No. 108 of 1999 whereby the appellant has been convicted for the offence under Sec. 376 and sentenced to undergo five years rigorous imprisonment.

(2.) The case against the appellant was registered on a complaint lodged by the prosecutrix (PW-9). The case of the prosecution is that on the morning of 5-9-1998 the husband of the prosecutrix had gone to his paddy fields for ploughing. At about 9.00 a.m. the prosecutrix proceeded to meet her husband carrying lunch for him. It was on her way while she was crossing through the forest area that the appellant suddenly arrived from behind and after pressing her mouth, he dragged her to the nearby bushes where after felling her on the ground, he committed rape on her forcibly and thereafter fled away. On her alarms, her husband arrived. She narrated the incident to him. Accompanied by her husband, she went to the Police Station where the case vide Raj Nagar P.S. case No. 49 of 1998 was registered on the basis of the written report and she was forwarded to the hospital for her medical examination. After concluding investigation, the investigating officer submitted charge-sheet against the appellant recommending his trial for the offence under Sec. 376 of the Indian Penal Code. Cognizance of the offence was taken against the appellant who was put on trial.

(3.) At the trial, the plea taken by the appellant in defence is that he happens to be a cousin brother of the informant and on account of land dispute, he has been falsely implicated in the case.