G. BARNA BAS Vs. THE STATE

JUDGEMENT

(1.) TANAYA (not the real name) was seven years old. She was staying with her parents and her brother Sanjay. At about 4.30 PM on April 20, 2009 when her parents were out of the house for work and Sanjay went to play, Biswajit, her neighbour, came to her house and told her, her brother was calling her. She went along with Biswajit and reaching the house of Bhola she asked Biswajit about her brother. He left the place without replying to the query. Bhola asked her whether she wanted to eat "litchu". She replied in the affirmative. Bhola took her to the betelnut orchard where he made her lie down and pulled her skirt and underwear down. When she refused, she was told to keep quite. Then he patted her private parts. When she shouted, Bhola left the place. She got up and wore her skirt and panty and went to her house. In the night at about 8 o'clock when her parents came back from work, she narrated the incident. Next day, her mother took her to Tigga in whose orchard the incident happened. Then, they went to the police station and lodged complaint against the accused. She categorically told, Bhola did not do anything except touching her private parts after removing of her clothes. The police registered a case as against Biswajit and Bhola and charged them for the offences committed under section 363/34 as well as under section 376/511/34 of the Indian Penal Code.

(2.) THE victim also made statement before the learned Magistrate that the learned Magistrate recorded under section 164 of the Cr.P.C. She deposed, Bhola removed her undergarments and dress. He started rubbing her private parts with finger when she shouted the accused ran away. She got up from there and after putting on her clothes, went back to home and complained to her mother. On the next morning, she lodged complaint accompanied by Tigga and her mother.

(3.) P .W. 1, the victim herself deposed consistently with her statement before the police during lodging of FIR and before the Magistrate under section 164 of the Cr.P.C. According to her, when Biswajit called her she went to Bhola and wanted to know what had happened. Bhola asked her whether she would take "litchu". When she answered affirmatively, she was taken to orchard belonging to Kiran Tigga P.W. 8). Bhola asked her to lie down that she refused. Bhola took her lehanga and place his hand on her private parts. When she raised alarm, Bhola fled away. She identified Bhola and Biswajit in Court.