HEMALATA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appeals are directed against the judgment and order of conviction and sentence passed by Sri Hemant Kumar Srivastava, 1st Additional Sessions Judge cum Special Judge, Patna dated 26.2.2002 in Special Case No. 20/1998 convicting the appellant (Smt. Hemlata Yadav) for offence under section 120B read with sections 376 and 506 of the Indian Penal code and sentencing her to three years and 126 days that is the period undergone by her in custody and the appellant (Mritunjay Kumar Yadav Babloo) has been convicted for the offence under sections 376 and 506 of the Indian Penal code and sentenced to undergo rigorous imprisonment for 10 years for offence under section 376 I.P.C. and further 6 months rigorous imprisonment for offence under section 506 I.P.C along with fine of Rs. 10,000/- and in default of payment of fine, further to undergo simple imprisonment for six months.

(2.) Before discussing the case, it is pertinent to mention that the statement of informant Champa Biswas was recorded on 19.8.1998 at about 11.00 AM by S.I. Asha Thakur of Pirbahore Police Station in Delhi at House No.1 Block/B Double Storey, Vishal Inclax P.S. Rajauri Garden, New Delhi-27 in presence of Sri Niraj Sinha, Superintendent of Police (D), Bihar, Patna, Sri Lalit Kumar, Inspector of Police, Patna, Sri B.B.Biswas, informant's husband, elder brother Dinesh Chandra Biswas and one Chiranji Lal which in short is as follows:

(3.) That her (informant's) marriage was solemnized on 18.7.1990 with B.B.Biswas (P.W.2). From 2.9.1995 she started to reside in Government Quarter No. 53/60 situated in Bailey Road, Patna along with her husband and other family members. One Jugal Kishore Gupta alias Jogendra Gupta and his wife Reeta Gupta were occupying the servant quarters of informant's quarters from before. They were asked by the informant to vacate the servant quarters with a view to shift her own maid Shefali but Hemlata Yadav and her son Mritunjay alias Babloo Yadav came there in their rescue, pressurized her to allow them to continue in the said servant quarters.