DHAUNA PAAWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has preferred this appeal against the judgment and order passed by Ist Additional Sessions Judge, Gaya, in Sessions Trial No. 616 of 1993/2 of 1994 dated 25-9-95 convicting him under S. 376 of the Indian Penal Code and sentenced him to undergo R.I. for 7 years and also to pay a fine of Rs. 1,000/- and in default of payment of fine, to further undergo R.I. for 6 months.

(2.) The prosecution case, in brief, is that the informant, Nand Lal Manjhi (P.W. 3) in his FIR (Ext. 2) alleged that on 31-10-1991 he was working as labourer of one Naresh Prasad at village Dumarsa. His son Pravesh Manjhi (P.W. 2) came there and told that at about2.30 P.M. his sister Tara Kumari (P.W. 4) came home and weapingly told that accused Dauna Paswan has lifted her in his lap and took her towards south in the Rahal field of Kishore Lal and committed rape on her. The informant rushed to his house and saw blood stains in the pant of his daughter Tara Kumari. His wife Raj Kumari Devi was also present there who has stated that at about 2-30 p.m. she came home and started weaping and told her that accused Dhauna Paswan had forcibly lifted her to the Rahal field and committed rape on her. His daughter Tara Kumari also told him about the occurrence and stated that she was having pain in her urinary track. The informant narrated this occurrence to some of the villagers who had assembled there. He went to the police station along with his daughter Tara Kumari and produced the blood stained pant of his daughter. On the basis of his statement First Information Report was recorded at about 4 p.m. The girl was sent to the Medical Officer (P.W.1) who examined her and gave the report (Ext. 1) after completion of investigation charge-sheet was submitted and cognizance taken and the trial Court proceeded in the trial.

(3.) The case of the defence is that accused and father of the victim girl (P.W. 3) had some differences over payment of wages and hence he has been falsely implicated.