PATNA, India, July 6 -- Patna High Court issued the following judgment on June 15:

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No. 808 of 2023 Arising Out of PS. Case No.-35 Year-2019, Thana- MAHILA P.S., District- Jehanabad

Ravindra Sharma @ Ravinder Sharma ... Appellant

Versus

The State of Bihar ... Respondent

Appearance: For the Appellant:Mr. Ajay Kumar Thakur, Advocate; Ms. Kiran Kumari, Advocate; Md. Imteyaz Ahmad, Advocate; Mr. Ritwij Raman, Advocate. For the State:Mr. Abhimanyu Sharma, Addl. P.P. For the Informant:Mr. Ram Prawesh Kumar, Advocate; Mr. Rajeev Ranjan, Advocate.

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE KUMAR MANISH

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) Date: 15-06-2026

Heard learned counsel for the appellant, learned Additional Public Prosecutor for the State and learned counsel for the informant.

2.The present appeal has been preferred for setting aside the judgment of conviction dated 28.06.2023 (hereinafter referred to as the 'impugned judgment') and the order of sentence dated 05.07.2023 (hereinafter referred to as the 'impugned order') passed by the learned Additional Sessions Judge-I, Jehanabad (hereinafter referred to as the 'learned trial court') in Sessions Trial No. 102/2020/63/2020 arising out of Mahila P.S. Case No. 35 of 2019. By the impugned judgment, the appellant has been convicted for the offences punishable under Sections 341, 323, 457/34 and 376D of the Indian Penal Code (IPC). By the impugned order, he has been sentenced to undergo simple imprisonment under Section 341/34 IPC and six months' rigorous imprisonment under Section 323/34 IPC. He has also been sentenced to undergo three years' rigorous imprisonment under Section 457/34 IPC with a fine of Rupees 20,000/-, and in default of payment of fine, to undergo two months' rigorous imprisonment. He has further been sentenced to undergo rigorous imprisonment for twenty years under Section 376D IPC with a fine of Rupees 50,000/-, and in default of payment of fine, to undergo two months' rigorous imprisonment. All the sentences are to run concurrently.

Prosecution Case

3.The prosecution case is based on the written application of the informant (PW-3), wherein he stated that on 30.06.2019 at about 1:30 a.m., the accused persons, namely (1) Ravindra Sharma, (2) Shivdahin Thakur, (3) Ajay Yadav, (4) Shiv Yadav, (5) Ranjeet Yadav, (6) Bajrangi Sao, (7) Pappu Kumar, along with two unknown persons, entered his house from the roof using a ladder. Upon entering, the accused persons started abusing the inmates and, with the intention to kill, assaulted the informant's father on the head with the butt of a pistol, causing injuries. The informant was also assaulted. Bajrangi Sao and Pappu Kumar caught hold of the informant and tied his legs and mouth. Ajay Yadav allegedly committed rape upon the informant's wife while another accused restrained her. The informant's mother was allegedly raped by Ravindra Sharma while Shivdahin Thakur restrained her. Two unknown persons caught hold of the informant's father. Bajrangi Sao allegedly snatched a gold chain and Bajrangbali locket from the informant's neck, removed ornaments from the Godrej almirah, ransacked household articles such as the television and refrigerator, assaulted the informant's younger brother, and fired five rounds outside the main gate, drawing the attention of the neighbourhood.

4.On the basis of the aforesaid written application, Mahila P.S. Case No. 35 of 2019 dated 30.06.2019 was registered under Sections 457, 341, 323, 307, 379, 504, 376D and 427/34 IPC, along with Section 27 of the Arms Act, against the named accused persons and two unknown persons. After investigation, the police submitted Charge-sheet No. 50 of 2019 dated 22.09.2019 against the present appellant for offences punishable under Sections 457, 341, 323, 504, 376D and 427/34 IPC and Section 27 of the Arms Act, while keeping the investigation pending against the remaining accused persons.

Rest of the judgement can be viewed here: https://patnahighcourt.gov.in/viewjudgment/NSM4MDgjMjAyMyMxI04=---ak1--9X6uyeWYSI=

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