SANJIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant-Sanjit Kumar faced trial in connection with Arwal (Mahila) P.S.Case No.26 of 2015 corresponding to Sessions Trial No.324 of 2016 for the charge under Section 376 I.P.C. before learned Additional Sessions Judge-II, Jehanabad. The appellant was found guilty for the aforesaid offence and was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.50,000/- out of which Rs.30,000/- would go to the victim. In default of payment of fine, rigorous imprisonment of 6 months was awarded. The aforesaid judgment of conviction dated 14.02.2017 and order of sentence dated 17.02.2017 are under challenge in this appeal.

(2.) The prosecution case as disclosed in the written report of the victim girl is that on 22.10.2015, the victim was sleeping in her house. At about 5.00 A.M. the appellant entered into the house and ravished her. The victim made alarm and the appellant fled away. Mother of the victim saw the appellant fleeing.

(3.) On the basis of written report (Ext.1), the aforesaid P.S.Case was registered and after investigation, the police submitted chargesheet. During investigation, statement of the victim girl was recorded under Section 164 Cr.P.C. on 28.10.2015 wherein she stated that on 22.10.2015, she was sleeping in her house alongwith mother. At about 5.00 A.M. mother went to answer the call of nature towards field side. At the same time, the appellant came and ravished her. Till the mother returned, the appellant had fled away and the victim disclosed everything to her mother. Villagers came to her house, and a Panchayati was convened but the appellant fled away. She stated that the appellant is her cousin uncle in the Army and at the time of occurrence he had come to the village on leave. Ext.-2 is the statement of the victim girl under Section 164 Cr.P.C.