LAKHAN BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has preferred this appeal against the judgment of conviction dated 16.04.2003 and order of sentence dated 17.04.2003 passed by Additional Sessions Judge, Fast Track Court No. II, Aurangabad in Sessions Trial No. 36 of 2001/262 of 2002 by which he has been convicted under Section 376 of the Indian Penal Code and has been sentenced thereunder to undergo rigorous imprisonment for life.

(2.) A written application was given by P.W.8 Basant Bind in presence of P.W.3 Dharmendra Bind and P.W.1 Naresh Bind on 13.06.1999 addressed to the Officer-in- Charge, Goh police station in which he alleged that his daughter Poonam Kumari aged 4 years was taken away by Lakhan Bind at 8.00 P.M. on 06.06.1999 from his house after giving her biscuits. She was carried near a Mahua tree towards Khalihan where appellant raped her. She cried. Thereafter the informant P.W.8 and Dharmendra Kumar Bind P.W.3 rushed there and saw the appellant running away carried Punam Kumari in his lap. On hulla, the informants daughter was let off and he escaped. Thereafter, the villagers namely, Shivdhani Prajapati (not examined), Naresh Bind ( P.W.1) and others reached there. The girl became unconscious and blood was oozing from her private part. She was treated by private doctor. She regained her consciousness and told that Lakhan Dada namely, the appellant, had given her biscuits and thereafter taken away and raped her. The informant and others started searching the accused. They went to his wifes village where the appellant was caught and brought to the village where in presence of villagers he confessed that he has committed wrong. The informant and others went to police station along with the accused where written report was given to police and thereafter a case under Section 376 of the Indian Penal Code was registered. The police investigated the matter and after completion of investigation submitted chargesheet. Cognizance was taken and thereafter the case was committed to the court of sessions where charge was framed and explained to the accused who pleaded innocence and preferred to face the trial.

(3.) The prosecution in order to prove its case has examined ten witnesses. They are: P.W.1 Naresh Bind, P.W.2 Ram Jeevan Bind, P.W.3 Dharmendra Bind, P.W.4 Lalita Bind, P.W.5 Poonam Kumari, the victim, P.W.6 Dr. Lalsa Sinha, P.W.7 Dr. Vikas Kumar Sinha, P.W.8 Basant Bind, the informant, P.W.9 Dr. Nirmala Kumari and P.W.10 Dr. Binrendra Kumar.