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1997 Supreme(Pat) 489

LOKNATH PRASAD
Baijnath Ganjhu @ Bajo Ganjhu – Appellant
Versus
State Of Bihar – Respondent


Judgment

Loknath Prasad, J.

1. This appeal is directed against the judgment of conviction recorded by Assistant Sessions Judge, Latehar vide his judgment dated 27.11.90 in ST. No. 268/89 through which the sole appellant was found guilty under Sec. 376 of the I.P.C and he was sentenced to undergo R.I. for 8 years.

2. The prosecution case in short is that on 6-4-89 the victim lady Niraso Devi along with her cousin mother-in-law, Geeta Devi, Sister-in-law Bifia Devi and Munia Kumari had gone to collect Mahua flower and at about 1.30 P.M. or so they reached Matwa Tongri and they were collecting Mahua flower under the Mahua tree belonging to one Sibu Mahto. At that very time this appellant came running and began to abuse the victim lady and others then out of fear mother-in-law and the sister-in-law of the informant escaped towards Eastern side whereas the informant escaped towards western side. It has been allowed that while the informant was escaping her sari got entangled with Putush bushes and she had fallen on the ground and the moment she got up the appellant appeared there and caught hold of her and also thrown on the ground. It has also been alleged that inspite of protest and ra









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