ISLAM ANSARI @ KHERUA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal has been preferred under Section 374(2) of the Code of Criminal Procedure against the judgment and order of conviction and sentence dated 31.5.2000 and 1.6.2000, passed in Sessions Trial No. 351 of 1999, arising out of Ormanjhi Police Station Case No. 18 of 1999, corresponding to G.R. No. 441 of 1999, whereby and III/hereunder, the learned 4th Additional Judicial Commissioner, Ranchi, while acquitting the appellant for the offence under Section 376 of the Indian Penal Code convicted him for the offence under Section 366A of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of five years alongwith a fine of Rs. 5,000/ - and in default of payment of fine to further undergo imprisonment for two years.

(2.) THE case of the prosecution is set out as under: -

(3.) THE learned trial court has held that contradictions in minor details cannot be regarded as very material or a positive proof of the authenticity of the witnesses and the whole case cannot be thrown out on that account. The learned trial court has looked into the broad outlines and main features of the case and the evidences to decide the involvement of the