JUDGEMENT
I.P.SINGH,J. -
(1.)THE sole appellant has been convicted under section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for
seven years with a fine of Rs.2000/ -, in default of payment of fine, to
undergo rigorous imprisonment for one year more.
(2.)THE prosecution case, in short, is that on 10.8.1990 at about 12. Oclock in the noon informant Shakuntala Devi had gone to take bath on the hand -pipe of Pachu Thakur. When she was making preparation for taking
bath, suddenly appellant appeared there and picked up the informant in
his lap and took her to a vacant room situated in the Khalihan of Satahu
Thakur by pressing her mouth and threw her down on the earth and forcibly
committed rape on her after removing her Sari. When she raised alarm, the
appellant put knife on her neck and after committing rape fled away. It
has been stated that the informant disclosed this occurrence to her
mother Etabaria and to the Mohalla people. Then the people of the Mohalla
began to search the accused and they could apprehend him on the following
morning and they took him to the Camp Police Station Kot Bazar and the
A.S.I. recorded the Fardbeyan of the informant. On the Fardbeyan of the
informant formal F.l.R. was drawn up. The police after investigation
submitted charge sheet against the appellant. Accordingly, cognizance was
taken and the case was committed to the court of sessions for trial.
Ultimately the trial concluded with the result as indicated above. The
appellant pleaded not guilty.
Prosecution in support of its case examined altogether six witnesses. P.W. 1 is Shakuntala Devi (informant), P.W. 2 is Jagarnath
Paswan, P.W. 3 is Upendra Paswan, father of the informant, P.W. 4 is
Etabaria Devi, mother of the informant, P.W. 5 is Bhikhari Paswan, a
hearsay witness and P.W. 6 Dr. Renu Chatterjee, who examined the victim
girl and issued medical report, Ext. 1.
(3.)P .W. 1, the informant has fully supported the case of the prosecution as stated in her Fardbeyan. According to her, on the date of
occurrence at about 12 O Clock in the noon she had gone to take bath on
the hand pipe of Baru Thakur. The acc used suddenly came and took her in
his lap and went near a hut and forcibly committed rape on her by
pressing her mouth. When she stared raising alarm, she was threatened by
the appellant that if she will raise alarm, she will be killed.
Thereafter she started weeping and after the occurrence she came to her
house and disclosed about the occurrence to the villagers, namely,
Bhikhari, Jagarnath Paswan and Upendra Paswan. She has also stated that
her mother was not present at the house. She had gone to village Beeta to
her sisters house and when her mother came back she disclosed about the
occurrence to her. The villagers arrested the accused on the next day and
took him to the Sitamarhi Police Station. She also went to the police
station and gave her Fardbeyan and she also put her thumb impression over
it. The other witnesses P.Ws. 2, 3, 4 and 5 have also supported the
version of the appellant. P.W. 6 is Dr. Renu Chatterjee. She examined the
victim girl on 11.8.90. She did not find any scratch or foreign hair on
her private part or her linen. She has further stated that there was no
sign of any semen on her private part or her linen. She took the vaginal
swab and sent to the pathologist Dr. Meena Sharma, Sadar Hospital,
Sitamarhi for pathological examination. The report of the pathologist
showed absence of spermatozoa. A few epitheliel cells were found. In her
cross examination she has stated that she did not find any injury
externally or internally on her private part. The investigating officer
of this case has not been examined.
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