- (1.) Both the Cr. Appeals, arising out of common judgment dated 30.6.2000 passed in Sessions Case No. 385/98 by the learned 2nd Additional Sessions Judge, Godda, are being disposed of by this common judgment.
(2.) The appellant Ram Prasad Harijan @ Bhutakan Harijan has been found guilty under Sections 376/511, IPC while appellant Jai Prakash Das has been held guilty for the offence under Section 212, IPC and they have been separately sentenced to serve RI for five years and three years respectively.
(3.) Brief facts, leading to their conviction, are that in the night of 4/5th July, 1996 the informant Rekha Devi, wife of Supari Rabidas of village Bandanbar, P.S. Pathargama, District Godda, was sleeping inside her house on the verandah along with her younger sister Sulo Kumari. All of a sudden she felt someone riding over her body and found that accused Ram Prasad Harijan was trying to push his organ inside her private part. She raised alarm on which her husband came and caught hold of the appellant. It is further stated that neighbours also arrived there, who got Ram Prasad Harijan tied with gamchhi, Ram Prasad Harijan was confined till morning, when her husband proceeded to inform the matter to police station. In the meantime appellant Jai Prakash Das came and got Ram Prasad Harijan freed by untying his hands. The incident was seen by the neighbours.;