DILIP KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant was convicted under Sections 376 and 366 of the Indian Penal Code (hereinafter to be referred to as the Code) and sentenced to undergo rigorous imprisonment for ten years under the first count and to undergo rigorous imprisonment for five years under the second count, both the sentences having been ordered to run concurrently.

(2.) Nirmala Kumari, complainant (P.W. 4) having been born on 5-7-1972 was a minor girl at the time of occurrence. Her father was a railway employee posted at New Jalpaiguri. She along with the members of her family used to reside at a Railway Colony at Jogbani. The appellant Dillip Kumar Jha along with his father also resided in Railway Colony at Jogbani. The appellant had ill-intended look upon P.W. 3 Nirmala Kumari. He used to tease her whenever he happened to see her despite protest being made by her. It so happened that on 22-10-1985 he induced and lured her to visit cinema at Forbesganj alongwith him. She accompanied him but to her utter dismay and surprise the appellant took her into a hotel there, entered into discourse with her and tried to have sexual intercourse with her. The girl (P.W. 3) protested and objected to his evil design and intention. However, the appellant forcibly committed rape on her against her will and consent. She started weeping whereupon the appellant gave allurement and temptation to her that he would shortly marry her. The appellant also asked the victim Nirmala Kumari not to divulge the incident to anyone. As per allegation the appellant thereafter had sex with her on several occasions and all the time he made promise and gave assurance to her that he would marry her. In the process Nirmala Kumari became pRegulation nt. She requested the appellant to marry her. She always insisted for marriage but the appellant went on postponing the matter making false promise to marry her in near future. At last, the victim Nirmala Kumari along with her brother Naresh Kumar Raut (P.W. 3) went to the residential quarter of the appellant on 12-5-1986. Both the brother and the sister requested and insisted for marriage whereupon the father of the appellant got infuriated and he abused and assaulted them and asked them to do whatever they liked.

(3.) The poor victim Nirmala Kumari who was ravished on several occasions by the appellant on false promise and allurement given to her by the appellant was now at her wit's end and broken having no alternative but to file a petition of complaint and she did file the same in the Court of the Sub-Divisional Judicial Magistrate, Araria on the basis of which complaint case No. 93 of 1986 was registered against the appellant and his father Uday Chandra Jha under various sections of the Code. The statement of the complainant (P.W. 3) was recorded on S.A. The Magistrate embarked upon an enquiry under Section 202. Cr. P.C.in course of which as many as five witnesses were examined. The appellant was summoned to face trial. He was charged under Section 493 of the Code and trial began in the Court of the S.D.J.M. Araia. However, subsequently criminal revision was preferred in which it was held that the material on records established a prima facie case under Section 376 of the Code and accordingly direction was made for commitment of the case. Thereafter the case was committed to the Court of Sessions and the case was registered as Sessions trial No. 492 of 1988. trial commenced before Shri Priya Sharan. VI Additional sessions Judge, Purnea.