UDAI RAJBANSHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been convicted under Section 376 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for ten years with a fine of Rs. 5,000/- in default of payment of fine, the appellant would have further undergo rigorous imprisonment for one year.

(2.) The prosecution case in short is that on 14.11.1997, at about 4.30 p.m., the informant along with her minor girl Sudha Kumari went out to get her minor daughter answered on slope of hillock in the back side of her house. It has been stated that when the girl Sudha Kumari sat for answering call of nature, her mother came back to her house, but in the meantime she heard screaming sounds of her daughter and when she rushed towards the place of occurrence, she saw the appellant committing rape on her minor daughter. It has been stated that when she raised an alam, her father- in-law came running there, but the appellant pushed him aside and fled away. It has been stated that when the informant and her father-in-law went near the victim girl, they found her unconscious and there had been profuse bleedings from her private part. When the girl regained consciousness, she started crying loudly. Out of fear, she could not be taken to the police station in the succeeding night but in the morning, she was taken to the police station, where on the statement of Basanti Devi, the mother of the victim, formal FIR was registered. The victim was referred to Nawadah Sadar Hospital where she was examined on 15.11.1997 at 4.30 p.m. by a Board of medical officers, who confirmed the incident of rape on the victim girl.

(3.) After completion of investigation, the police submitted charge-sheet, on the basis of which cognizance of the offence was taken and the case was committed to the Court of Sessions and finally the trial concluded with the result as indicated above.