SAROJ TIRKEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Sections 376 and 342 of the Indian Penal Code, 1860 and has been sentenced to undergo rigorous imprisonment for 10 years under Section 376 of the Indian Penal Code, 1860. However, no separate sentence has been passed for the conviction under Section 342 of the Indian Penal Code, 1860.

(2.) The prosecution case, in brief, is that in the night of 14/15.4.1991 at village Kersai Charles Tangora, P.S. Kurdeg the victim girl, Basanti Kumari, had gone to attend the marriage ceremony at the house of Ratu Manjhi and when she was returning to her house along with Matwar Manjhi (grand father), Demani Devi (grand mother) and one lady Koche and when they reached at Charles Tangara suddenly two unknown persons appeared and stopped them and asked as to where they are going. It has been alleged that they threatened them to kill with Bomb and Bhujaili. Thereafter, the grand father and grand mother of the victim girl along with Kocha fled away from there and both the miscreants caught hold victim girl, Sasanti Devi and took turn away in an incomplete Hospital building. It has been alleged that both of them have committed rape upon her whole night, it has been alleged that one of the accused fled away from there and the appellant slept there. It has been further alleged that the victim girl fled away from there and want to the marriage house and informed his father about the occurrence. She stated that two persons who caught hold of her and committed rape upon her and one of them was still sleeping in that house. Thereafter the victim girl took his father and other villagers to that house. Where they found one man was sleeping necked there. The victim girl pointed that he was the man who has committed rape with her. Thereafter the people caught the appellant and on inquiry he told his name as Saroj Tirkey (appellant). The appellant was brought to the village and the matter was informed to the police and the appellant was handed over to the police. The victim girl made her statement on the basis of which F.I.R. was lodged and after completion of investigation the police submitted charge-sheet against the appellant. Accordingly, the cognizance was taken and the case was committed to the Court of Sessions where the trial concluded with the result as indicated above.

(3.) The appellant pleaded not guilty and has stated that he has been falsely implicated in this case at the instance of his enemy.