RAMESHWAR BELDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment, dated 7.11.1998 recorded by 9th Addl. Sessions Judge at Patna in Sessions Trial No. 318 of 1996 in which, having found the accused guilty of committing rape upon Rinku Kumari, a minor girl about 8 years old, on 3.2.1995, and, on hearing on sentence, sentenced him to undergo rigorous imprisonment for 10 years.

(2.) The case of the prosecution, in brief, as coming out of the FIR, dated 4.3.1995 (Ex. 2) lodged by Birjan Beldar, father of the victim girl, is that on 3.2.1995, Rinku Kumari had gone to the house of Lakshmi Beldar for viewing television but when she did not come back till 11.p.m, the wife of the informant came out to search her and found Rinku Kumari lying unconscious by the side of the road, her clothes drenched with blood which was oozing from her private part. In the morning, when she regained consciousness, on being asked she told that while she was returning home the appellant Rameshwar Beldar caught hold of her and took her to her field of one Mishraji and thereafter, closing her mouth with cloth, raped her and, thereafter, left her in the lane. The informant went to the field of Mishraji and found blood there.

(3.) After institution of the case, she was sent for medical examination and the report of the doctors is Ext. 3. Her clothes were seized vide seizure-list, Ext. 1.