THE STATE OF BIHAR Vs. BISHWANATH PRASAD

JUDGEMENT

(1.) The appeal is directed against the judgment and order of acquittal dated 20.6.1996 passed by Shri Bishwanath Prasad Singh, 1st Additional Sessions Judge, Palamau in Sessions Trial No. 112 of 1986 by which judgment the learned Sessions Judge found that the charges leveled against the accused persons had not been proved and acquitted the five accused persons.

(2.) The prosecution case was started on the basis of a fardbeyan given by Udainarain Giri (P.W.1), brother of the victim girl on 8.4.86 at 17:45 hr. stating therein that the occurrence took place in between 27.3.86 to 8.4.86. He stated that on 27.3.86 in the night at about 11 pm he got up hearing Hullah of his sister then he took a torch and went there he saw that accused, Bishwanath Prasad has made his sister naked and he was himself lying over the body of his sister and she was crying for help. Seeing this he also started making Hullah then the accused, Bishwanath Prasad gave threat to commit his murder and ran away. He said that if he will disclose the occurrence he will be shot dead. Out of fear he and his sister gave no information to anybody about the occurrence.

(3.) On the basis of the said F.I.R. police registered a case under Section 376, 328, 302/34 of the Indian Penal Code and after investigation police submitted charge-sheet and the case was exclusively triable by court of sessions and the case was committed to the court of sessions and trial was held as aforesaid.