PRAKASH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under section 376(2)(g) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs. 2000/ -, in default of payment of fine, to undergo imprisonment for one year.

(2.) THE prosecution case, in brief, is that the prosecutrix Rubiya Devi on 11.9.1994 while was returning from Maheshwari at about 6.00 P.M. with her companions and when arrived near Khilatanr -bahiyar accused Ashok Singh and Prakash Singh of village Maheshwari suddenly came there and caught hold of her. They began to drag her towards forest which was opposed by P.W. 4, Ashwa Devi and she resisted but she was kicked of. She along with others started raising alarm but since it was lonely place, no one appeared to rescue her. It has been stated that the prosecutrix was taken to the forest where the appellant along with co -accused committed rape on her. It has been stated that there was bleeding from her private part. She attempted to escape but she was held up and after the appellant and other co -accused again committed rape one by one on her. Her garments were blood stained and also stained with semen. However, when she was left out by the culprits she any how tried to return to her village home but in the way she came across her father and other witnesses to whom she narrated the occurrence. The complaint was made to the Mukhiya of the village Panchayat, Bishunpur. She was advised to go to the police station. She went to the police station where her statement was recorded in presence of her father Sitaram Naiya at the Sono (Charkapathar) P.S. (Ext. 2) by the police. After completion of the investigation charge sheet was submitted against the accused persons. Cognizance was taken and the case was committed to the court of sessions where the trial concluded with the result as indicated above. Hence this appeal. The appellant pleaded not guilty and stated that he had been falsely implicated in this case due to enmity.

(3.) THE prosecution in support of its case examined altogether 8 witnesses. P.W. 1 is Dr. Arun Kumar Singh, P.W. 2 is Rubiya Kumari, the prosecutrix herself. P.W. 3 is Basmatiya Devi, mother of the prosecutrix. P.W. 4 is Ashwa Devi who had accompanied the prosecutrix. P.W. 5 is Benga Naiya, a hearsay witness. P.W.6 is Sitaram Naiya, father of the victim girl. P.W. 7 is Dr. Reeta Upadhyay who had examined the victim girl and P.W. 8 is Prasidh Narayan Singh, a formal witness. The investigating officer of this case has not been examined.