SURESH BHAR @ RAJENDRA BHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal filed by convict Suresh Bhar @ Rajendra Bhar against his conviction under Sections 376, 366-A and 419 of the Indian Penal Code ("the Code" in short) for which offences he was sentenced to undergo rigorous imprisonment for 10 years, 7 years and 2 years, respectively which were aiso ordered to run concurrently in the judgment recorded by the Additional Sessions Judge, 3rd Court, Kohtas at Sasaram in Sessions Trial No. 715 of 1994 on 19.11.1998.

(2.) It will appear that by an order of this Court Sri Rajesh Kumar, Advocate, was allowed to appear on behalf of the appellant. Sri Rajesh Kumar and learned Addl. Public Prosecutor have been heard.

(3.) The allegation in brief, as coming out of Ext. 1/1, the first information report recorded by the victim girl Lali Kumari on 11.5.1994 before the police, was that on 6.5.1994 a person who claimed to be his cousin Uttam Prasad Bhar came and told her to accompany him on the ground that his wife was in family way for which her 'Phua' had called her. The informant claimed that she was not identifying her cousin Uttam Bhar though she knew his name. The allegation further goes that she was, after she went with the accused, kept by the accused in a shop and was offered marriage and thereafter she came to a village with him where she met with her 'Phua', who identified her and she told to her everything. Her 'Phua' told that Uttam Kumar, her son, was in the house itself and that his wife was not in family way after which the accused started claiming to be a relative, but the villagers caught him after which he revealed his name to be Rajendra Bhar. As per the informant, her age at that time as 14-15 years and she claimed that the appellant also had raped her. Thereafter the accused was brought to the police station, case was instituted and investigation started and, finally, charge-sheet was submitted and after trial accused was convicted and sentenced as aforesaid.