RAMA KANT GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 19th April, 1996 passed by the Assistant Sessions Judge, Patna City in Sessions trial No. 106 of 1994 trial No. 226 of 1994 convicting the appellant along with co -accused Shyamdeo Paswan under Sec. 376 read with Sec. 34 of the Indian Penal Code (hereinafter referred to as the "I.P.C.") and convicted the appellant and co -accused Shyamdeo Paswan, (who is not the appellant) to undergo R.I. for 10 years.

(2.) THE brief fact of the case is that informant Bilas Giri (P.W. -3) who is father of victim girl Tunni Kumari (P.W. -4) lodged a written petition with Fatuha P.S. on 14.6.1993 to the effect that at about 8.00 Oclock on 13.6.1993, he returned from Patna and then went to market. After some time, he returned to his home and found his wife Saroj Devi (P.W. -1) taking her daughter Tunni Kumari aged about 8 years in her lap. Tunni Kumari was weeping and her frock had coupious blood -stained. Informants wife narrated to him that at about 8.00 p.m. when Tunni Kumari was at her darwaja along with her brother Anil (P.W. -2) their neighbours accused Shyamdeo Paswan and accused -appellant Ramakant Giri took away Tunni Kumari to the market on the pretext of feeding Kachari. Anil had also accompanied them but they compelled him to return back. After some time, Tunni returned back her home weeping and her frock and under garment were stained with blood. She narrated to her mother that the above named both the accused -persons forcibly brought her near an Imali tree on the bank of the river Punpun and one after another forcibly committed rape with her. She had bleeding injury on her private part. She was crying out of pain. The informant enquired from her daughter Tunni Kumari who again narrated to him the same story and stared that both the accused committed forcible intercourse with here thereafter, the informant brought her daughter to a local Doctor, Mishri Lal for first aid but oozing of the blood did not stop. It was late in the night, hence in the morning of 14.6.1993, he came to the police station and lodged the written report before the Officer Incharge, Fatuha P.S. and on the basis of which the case was registered and after investigation charge -sheet we submitted. The Officer Incharge, Fatuha P.S. sent the victim girl to P.M.C.H. Patna for medical examination and treatment. He obtained in injury report. He also arrested the accused -appellant on the next day from his house but another accused Shyamdeo Paswan was absconding, After commitment, the trial proceeded in the Court below.

(3.) THE defence case is that it is an admitted fact that there is enmity in between the informants family and appellants family. Several litigations are pending hence they have been falsely implicated in this case. No evidence has been adduced on behalf of the accused -appellant.