FARID SHEIKH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Learned Counsel for the petitioners and Learned Counsel for the State. Petitioners have challenged the Judgment dated 18th December, 1999 passed by Sri Vinay Kumar Sinha, learned Additional Session Judge, Pakur, in Session Case No. 231 of 1991/35 of 1991. whereby the petitioners have been found guilty for the offences under Section 448 and 375/511 of the IPC, and were convicted for the same. Upon hearing on the point of sentence, the accused petitioners were sentenced t6 undergo R.I. for one year each for the offence under Section 448 IPC, and to undergo R.I. for four years each for the offence under Section 376/511 IPC, and both the sentences were ordered to run concurrently.

(2.) From the record it appears that the petitioners were made accused in connection with Mahespur P.S. Case No. 23 of 1987, corresponding to G.R. No. 54 of. 1987, which was instituted on the basis of the FIR lodged by the informant victim 'X', aileging that while the informant was sleeping in her house with her sister 'Y' the accused petitioners entered into their room and outraged the modesty of both the sisters and upon alarm raised by them, the family members came there, whereupon the accused persons filed away. On the basis of this allegation, the FIR was lodged for the offence under Section 448 and 354 of the IPC. It appears that after investigation, police submitted charge-sheet for the offence under Section 447, 376/511 of the IPC and the cognizance was also taken against the petitioners. Ultimately, the charges were framed against the petitioners for the offence under Section 448 and 376/511 of the IPC, and they were put to trial.

(3.) From the lower court records and the impugned Judgment, it appears that the prosecution' examined six witnesses in all, who have supported the case, but the fact remains that neither the informant 'X' nor the I.O. were examined in this case. The another victim 'Y' was examined as PW 4. who has only deposed that the accused persons entered into the room, where she was sleeping with her sister and they outraged their modesty (by molesting them). Upon the alarm raised by them the accused persons fled away. There is nothing in her deposition to show that the accused persons made any attempt to commit rape upon them.