Patna Court June 2007 Judgments

Md. Raja Khan Vs. the State of Bihar

Court: Patna

C.M. Prasad, J.1. This appeal is against the Judgement dated 5.4.2003 of the 2nd Additional Sessions Judge Banka passed in Sessions Trial No. 846/2000 whereby the appellant has been convicted under Section 376 of the Indian Penal Code and sentenced to R.I. for 10 (ten) years.2. The prosecution was initiated on the fardbeyan of informant Snehlata Devi (P.W.7) who appeared before officer-in-charge of Amarpur P.S. on 11.4.2000 and gave her written fardbeyan which was signed by her. She alleged in her fardbeyan that on 10.4.2000 at about 3 P.M. while she had gone out of her house in Bahihar (barren chuck of land) towards West of her house for casing herself and that while she was seated in Bahihar and was defecating, the appellant Raja khan caught hold of her from behind and putting pistol on parietal side of her head, threatened head asking to keep quiet. She further alleged that the appellant tied her mouth with a Gamcha and then pushed her down on the ground and thereafter, committed r...