SATENDRA KUMAR SINGH KUSHWAHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Ss. 366-A and 376 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for 7 years under Section 366-A of the Indian Penal Code and 9 years under S. 376 of the Indian Penal Code. Both the sentences were ordered to run concurrently.

(2.) The prosecution case, in brief, is that on 6-8-1997 the informant, Seema Kumari, at about 3 P.M. had gone to purchase Tobacco and after purchasing the Tobacco she was returning to her house, in way appellant Satendra Kumar Singh Kushwaha caught her hand and took her to the house of Piduli Mahto and confined her. It is also alleged that he gauged her mouth and in the night the appellant took Seema Kumari in an orchard where he stayed with her and in the next morning he proceeded to village Barasi and he took her to the house of Kameshwar Mahto in Village Barasi and he committed rape with Seema Kumari in the night and he kept Seema Kumari to the house of Kameshwar Mahto for three days. Thereafter, he brought Seema Kumari in the house of Mohan Mahto at Village Jagjiwanapur and he kept her in the house of Mohan Mahto for one day and thereafter on Saturday he brought Seema Kumari to Tarari in the house of Umesh Kahar where the people caught them and brought them to Tarari police station where fardbeyan of the informant Seema Kumari was recorded on the basis of which a case was instituted. The informant (victim girl) was sent to Arrah hospital for her treatment, where she was medically examined. The case was thoroughly investigated and ultimately charge-sheet was submitted. Subsequently the trial concluded with the result as stated above.

(3.) The appellant pleaded not guilty nd has denied the entire occurrence as alleged by the prosecution.