DINESH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, Dinesh Sharma, was convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years as also to pay a fine of Rs. 1,000/- and in default of payment to undergo rigorous imprisonment for three months.

(2.) The prosecution case, as disclosed by the fardbeyan of Tinku Kumari, the victim, was to the effect that on 14.10.1995, she was alone in her house along with her two minor sisters. her mother and elder brother, Ajay Sharma, had gone out to Nawadah for purchasing clothes. Her father used to work at Calcutta. At about 1.30 p.m., she was washing her courtyard. Then, suddenly her villager, Dinesh Sharma @ Began Sharma came inside her house and enquired from her as to where her mother and brother had gone. The informant replied that they had gone to Nawadah for marketing. Dinesh Sharma pressed her mouth and threatened her doing away with her life, if she would raise alarm. Subsequently, he lifted her and carried her to the southern room and threw her down on the bed-sheet and he undressed her of her chaddi (under-garments) and committed something foul (Bura Kaam). She fell unconscious. When she regained her senses, she found herself in the clinic of Dr. Jalal of Makhar. Her aunt had brought her to Makhar for treatment. Her mother and brother came back home at 7 p.m. whom she related the story of the alleged occurrence. On account of being benighted, mother did not go to the police station. In the morning of 15.10.1995, her mother took her to the police station situated at Akbarpur (Rajauli), but on the way, she met the police officer to whom she gave the aforesaid fardbeyan (Ext. 3). She put her signature (Ext. 1) on the fardbeyan.

(3.) The accused took the defence of false implication on account of collateral dispute.