JUDGMENT :

Birendra Kumar, J.

This appeal is against the judgment of conviction. The sole appellant-Vakil Paswan faced trial before the learned Additional Sessions Judge-V, Rohtas at Sasaram in connection with Sessions Trial No. 871 of 2014 arising out of Chenari P.S. Case No. 31 of 2014 registered under Sections 376/511 of the Indian Penal Code. The learned Trial Judge found the appellant guilty for offences under Sections 376/511, 354 and 354(B) of the Indian Penal Code by the impugned judgment dated 27.06.2019. The learned Trial Judge awarded rigorous imprisonment for seven years and a fine of rupees five thousand for offence under Sections 376/511 of the Indian Penal Code and in default of payment of fine rigorous imprisonment of one year was ordered. Likewise, three years rigorous imprisonment and a fine of rupees one thousand was awarded for offence under Section 354 of the Indian Penal Code and in default of payment of fine there is direction of one month rigorous imprisonment. For offence under Section 354(B) of the Indian Penal Code, rigorous imprisonment of five years was awarded besides fine of rupees two thousand and in default of payment of fine, the appellant was directed to undergo further four months rigorous imprisonment. The sentences have been ordered to run concurrently by the impugned order dated 29.06.2010.

2. The prosecution case, as disclosed in the written report of the prosecutrix (P.W.4), is that on 03.03.2014, at about 11:00 p.m., the prosecutrix was sleeping inside her house after closing the doors. The appellant jumped over the boundary wall and entered into the room of the informant along with a gun. The appellant sat on the body of the informant and caught her breast, started to disrobe her but the victim made alarm and the neighbours Laxman Paswan (P.W. 1), Saroj Paswan (P.W. 2) came then only she could save herself. She stated that husband and brother of the husband were out side the village to earn their livelihood. Hence, no male was there in the house. The written report is Ext. 1.

3. After completion of investigation, the police submitted charge-sheet and, accordingly, the appellant was put on trial. During course of trial, the prosecution examined altogether four witnesses. Besides the aforesaid two witnesses P.W.3 is Ramesh Paswan and P.W. 4, the prosecutrix herself.

4. Learned counsel for the appellant contends that there is lack of reliable evidence on the identity of the appellant to be involved in the occurrence. Hence, the judgment of conviction is not sustainable in law.

According to learned counsel other witnesses are hearsay witnesses not corroborated by the prosecutrix. Hence, their testimony has got no evidentiary value.

5. On the other hand, learned counsel for the State-respondent contents that, in fact, the parties entered into a compromise and due to compromise, the complainant changed her statement in the cross-examination. The learned Trial Judge has taken note of the Supreme Court judgment that in such a serious case, compromise should not be encouraged. Hence, conviction of the appellant for the offences proved does not require any interference.

FINDING:-

6. According to the prosecutrix, the occurrence took place about one and half years ago. It was night at about 11:00 p.m. The prosecutrix was sleeping in her house. The appellant entered into her room and put his hand on her breast and started disrobing her. The appellant threatened to kill her. However, the prosecutrix raised alarm then the villagers came and the appellant fled away. She further stated that there are three rooms in her house. The family members were in other rooms and the children were sleeping along with her. In the cross-examination, she deposed that it was a dark night, hence, she could not identify who had entered into the room. She further deposed that the appellant had also lodged a case against her husband and the parties have entered into a compromise voluntarily in both the cases. Hence, the prosecutr