JAWAHAR NONIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order of sentence dated 30.3.2007/31.3.2007 passed by the Additional Sessions Judge-cum-Fast Track Court No. 5, Aurangabad in Sessions Trial No. 268 of 2004/220 of 2006 whereby the Appellant has been convicted under Section 376/511 of the India Penal Code and sentenced to undergo R.I. for ten years with a fine of Rs. 5000/- and in default of payment of fine to undergo R.I. for two and half years.

(2.) The F.I.R. of the case was registered at the Baroon P.S. on the basis of the fard-beyan of Umesh Sao, the informant who alleged that on 14.5.2004 at about 4:00 P.M. his daughter Guria Kumari aged about 12 years and niece Punam Kumari aged about 11 years both had gone to Brahmsthan at the bank of Punpun river situated west of their village for the purpose of cutting Datuwan. When they did not come back after the falling of darkness, he along with his family members went out in search of them and in course of that, when they were near the old brick kiln, they shouted and called the two girls whereafter they heard cry of those two girls. Hearing the cry, they rushed to the side where they found the two girls who were terrified and crying. They disclosed that a man was there who had fled away through the bushes in the west direction. They also disclosed that the person had taken them in a ditch near the old brick kiln and had put off their clothes, making them naked and then he was doing evil deeds upon them. They also disclosed that the man had kissed both of them and then lying them on ground had placed his body over their body and had also dragged them on the ground. It was also disclosed by the girls that the person had threatened them to kill if they raised any cry. They also disclosed that due to kissing tooth marks had appeared on the cheek of one of the girls and abrasion marks had occurred on the back of the other one. Learning it from the two girls, the informant along with others set out in the western direction for searching of that person and after some search, the person was apprehended at Dindayal bigha and after apprehension he disclosed his name as Jawahar Nonia, the Appellant. The apprehended person, the Appellant was produced before the two girls who identified and stated that he was the man who had committed evil deeds upon them. After lodging of the F.I.R., investigation commenced and on completion of investigation, the Appellant was put on trial and he has been accordingly convicted and sentenced as above.

(3.) The informant P.W.5 corroborated his statement in his fard-beyan along with deposition wherein he stated that when his daughter Guria Kumari and niece Punam Kumari who had gone to for bringing Datuwan did not come back till falling of darkness, he along with others had set out for searching them and near Brahmsthan when they called the two girls, they responded by their voice whereupon they rushed towards the brick kiln and reaching there they found that the two girls were crying there and on being asked they disclosed that a man had fled towards the bush in the western direction after committing evil deeds on them. Learning this, some persons rushed towards that direction. The informant remained with the two girls who further disclosed to him that the escaped person was trying to commit evil deeds upon them and that he had kissed the victim girls Punam Kumari and Guria Kumari and had dragged Punam Kumari on ground by pressing his body against her body due to which she had got scratches on her back. The informant further deposed that after some search, the criminal was apprehended who disclosed his name as Jawahar Nonia (Appellant). The informant also deposed that the apprehended person (Appellant) was produced before the two girls who immediately identified him and said that he was the person who was trying to commit evil acts upon them. He also deposed that he gave his fard-beyan before the police. There is nothing in the cross-examination to discredit his testimony on any point. The