ABHIMANNU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Section 376 and 342 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years under Section 376 and rigorous imprisonment for six months under Section 342 of the Indian Penal Code. However the sentences have been ordered to run concurrently.

(2.) The prosecution case in short is that on 30th January, 1996 at 8 a.m. in the morning the informant Shanti Devi was returning after throwing cow-dung and when she came near a maize field the appellant having a pistol came there and caught the informant and closed her mouth and dragged her in the maize field in which maize crop was standing. The informant raised alarm and tried to resist and to get free from the clutch of the appellant but the appellant pointed his pistol and threatened her to be killed. Thereafter in the maize field the appellant committed rape on the informant and fled away. After the occurrence the informant came to her house and narrated the whole occurrence to her mother and also to the neighbors. It has been also stated that on the date of occurrence her brother and father had gone out hence she could not go to the Police Station. On the same day at about 12.30 p.m. the SI Araria PS Sri Rajendra Singh came to the house of the informant and recorded her fardbeyan on the basis of which this case was registered under Section 376 of the Indian Penal Code. During the course of investigation the SI seized one under garment cloth of the informant stained with semen and prepared seizure list. He also got the informant examined by the doctor PW 4 and sent the seized clothes of the informant to the Director Forensic Science Laboratory, Bihar for examination. After completion of the investigation charge sheet was submitted against the appellant, cognizance was taken and accordingly the appellant was convicted. Hence this appeal.

(3.) The prosecution in support of its case examined altogether six witnesses PW 1 is Biro Pandit, PW 2 is Radhika Devi, mother of the victim lady. PW 3 is Shanti Devi, the informant, PW 4 is Sunaina Kumari who had examined the informant. PW 5 is Sri Rajendra Singh, Investing Officer and PW 6 is Shobha Rani. She is the wife of brother of the informant. Ext. 1 is doctor's report Ext. II is fardbeyan of the informant, Ext. III is formal FIR and Ext. IV is seizure list of the clothes and Ext. V is the report of Director Forensic Science Laboratory.