MAGISTER MARANDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has preferred this appeal against the judgment and order dated 4.2.1996, passed by the Sessions Judge, Dumka, in Sessions Case No. 179 of 1994, convicting the appellant under Section 376, IPC and sentencing him to undergo rigorous imprisonment for 10 years.

(2.) The prosecution case in brief is that on 24.6.1994, at about 9 p.m., the victim lady Pramila Murmu, PW 5 was alone in her shop at Literacy Centre and it was raining. All of a sudden, the appellant Magister Marandi came inside her shop and caught hold of her. He threw her on the ground and committed rape forcefully. She raised alarm, on which her younger brother, Anil Murmu, PW 1 and her husband Malan Marandi, PW 2 arrived there. The accused-appellant fled away who was chased by them. Some villagers also assembled who were informed about the occurrence. Some of the villagers went to the house of the accused and after returned back, they told the informant that she may proceed with the case as she desires. Since it was night, the matter was reported to the police on the next day. On the fardbeyan of the informant, FIR was registered over which she gave her signature (Ext. 1). Her husband Malan Marandi also gave his signature on the FIR (Ext. 1/1). The victim lady was sent for medical examination. The doctor after examining her submitted the report (Ext. 3). After investigation charge-sheet was submitted and after commitment trial proceeded in the Court below.

(3.) The case of he defence is that he has been falsely implicated because of the land dispute. The appellant happens to be the nephew of the victim in relation and as such it is beyond imagination that he will commit the offence of rape with her aunt.