TEK LAL MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant was convicted under Section 376 of the Indian Penal Code and sentenced to undergo RI for ten years.

(2.) The prosecution case, as revealed by the statement of the victim recorded in the FIR, itself, was to the effect that on 25.11.1989, she was returning home from her naihar and when she reached near the Sangrahawa river, the accused-appellant caught hold of her from behind and dragged her to a nearby ditch where she was forced down on the ground and her mouth was sealed by the border of her sari. Thereafter she was subjected to criminal assault. After committing the aforesaid offence, the accused threatened the victim of dire consequences, if she disclosed the offence to anybody else. When she was returning home wailing and crying, her husband met her on the way to whom she related her woes and narrated to him the entire occurrence. However, on account of non-availability of vehicle, she failed to go to police station on 25th or on the 26th November, 1989, but on 27th November, she went there where her statement was recorded at 9 a.m. She also stated in the FIR that her saya was stained with semens. On the basis of the aforesaid statement of the victim, FIR was drawn up and after investigation and submission of the charge-sheet and on commitment of the case, the accused-appellant faced trial and was convicted and sentenced, as stated above.

(3.) The accused-appellant denied the charge and alleged false implication on account of the fact that he was helping one Gokhul with whom the husband of the victim had dispute. This defence emerges from the suggestion to the PWs.