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passed by learned Additional Sessions Judge, F.T.C. 2, Rohtas at Sasaram in Sessions Trial No.436 of 2002 (arising out of Bikramganj P.S. Case No.73 of 2002) whereby and whereunder the appellants, namely, Intekhab Khan @ Golu and Firoj Alam have been convicted under Sections 450, 376/511 of the I.P.C. and the accused Firoj Alam has further been convicted Patna High Court CR. APP (SJ) No.117 of 2006 dt.14-11-2024 under Section 25(1-B)a of the Arms Act. Both the appellants have been sentenced to undergo R.I. for four years under Sections 450, 376/511 of the I.P.C. Further the appellant Firoj Alam was also sentenced to undergo R.I. for five years under Section 25(1-B)a of the Arms Act. It has been directed that both the sentences will run concurrently.

3. The prosecution case in brief is that while the informant Taramuni Kuer on 05.04.2002 at 10 PM was sleeping with her daughter Kanchan Devi, she heard the sound of knocking the door then she asked who was knocking the same, upon which one man told that he was Firoj then she opened the door. Then accused Firoj and Golu Khan entered the room. Firoj aimed the pistol at the neck of the informant and threatened her not to raise alarm. Accused Golu shut her mouth and threw her on Chowki. It is further alleged that her daughter Kanchan Devi, who was standing nearby, accused Firoj caught her and threw her on Chowki and tried to commit rape with her. The informant and her daughter opposed the same. The informant and her daughter snatched the pistol from the hand of the accused Firoj and raised alarm on which Salauddin, Shamim and Mandan Prasad came there and accused persons fled away. People of mohalla identified them and they informed the police station by Patna High Court CR. APP (SJ) No.117 of 2006 dt.14-11-2024 telephone. The police came there and in presence of people of mohalla, the informant gave pistol loaded with six round cartridges. The informant filed a written application to Bikramganj Police Station and police registered the case against the accused persons as Bikramganj P.S. Case No.73 of 2002.

19. Considering the entire materials available on record, it is not possible to conclude that the appellants/convicts before this Court had committed the subject crime.

20. In the light of the above discussions, the appellants/convicts are certainly entitled for benefit of doubt as the prosecution has failed to establish their guilt by adducing clear, cogent, trustworthy and clinching evidence.

21. In the result, the appeal deserves to be allowed and is, Patna High Court CR. APP (SJ) No.117 of 2006 dt.14-11-2024 accordingly, allowed. The impugned judgment of conviction dated 01.02.2006 and order of sentence dated 04.02.2006 passed by learned Additional Sessions Judge, F.T.C. 2, Rohtas at Sasaram in Sessions Trial No.436 of 2002 (arising out of Bikramganj P.S. Case No.73 of 2002) are accordingly set-aside. The appellants are acquitted of the charges leveled against them.