CRIMINAL APPEAL No.240 OF 1993 (S.J.) [Appeal against the judgment and order dated 6.8.1993 passed in Sessions Trial No.23 of 1991 (15 of 1991) by Sri Anil Kumar Verma, 2nd Additional Sessions Judge, Sitamarhi] ******** 1. CHHOTELAL SAH SON OF YOGI SAH 2. YOGI SAH SON OF LATE KHUB LAL SAH (since dead) 3. RAM JATAN SAH SON OF YOGI SAH 4. SURESH SAH SON OF YOGI SAH 5. RAM SAKAL SAH SON OF YOGI SAH (since dead) 6. JAGDISH SAH SON OF KHUBLAL SAH (since dead) 7. SARYUG SAH SON OF SHITAL SAH (since dead) ALL RESIDENTS OF VILLAGE THUMMA, P.S. RUNNISAIDPUR, DISTT. SITAMARHI ------------------------Appellants Versus THE STATE OF BIHAR---------------------------Respondent ----------- For the Appellants : Mr. Barun Kumar Choudhary, Advocate Mr. Lalit Narayan Jha, Advocate For the State : Mr. S.N.Prasad, A.P.P. ******** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The appellant nos.2, 5, 6 and 7 have died during the pendency of the appeal, which fact is confirmed by the Superintendent of Police and, therefore, the appeal abated in their regard by an order dated 19.11.2009. The appellants have been convicted for the offences under Section 323 I.P.C., whereas appellant no.1 was sentenced to rigorous imprisonment for six months. The rest of the appellants were sentenced to pay fine of Rs.500/- - 2 - each. The case of the prosecution Beena Devi, in short, is that the appellant no.1 had consensual sexual intercourse with her but thereafter despite promises to marry did not marry her and when she demanded to be taken by him she was variously assaulted by the accused persons. During trial, the prosecution has examined twelve witnesses in all. Out of whom, P.W.8 and P.W.9 are tendered and P.W.12 is formal. P.W.1, P.W.2, P.W.3, P.W.4 and P.W.6 have supported the case of the prosecution, whereas P.W.7 was declared hostile. P.W.10 and P.W.11 are doctors whereas P.W.5 is the informant herself. Even though the appellant no.1 was charged for the offence under Section 376 I.P.C., the trial court on finding the prosecution evidence totally wanting acquitted the appellant no.1 of the charge. I find from the evidence of P.W.5 that she is totally consistent on the point of assault upon her, which fact is corroborated by the doctor and, therefore, I see no reason to disbelieve the factum of assault. Having regard to the fact that the occurrence is of the year 1990 i.e. 19 years ago, it would be sufficient if the appellants are sentenced to the period already undergone by them. - 3 - In the result, the appeal is dismissed with the modification in the sentences. Patna High Court Dated, 22nd December,2009. NAFR/ Narendra/ ( Anjana Prakash, J. )