TUNTUN @ TULSI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary appellant was indicted of committing the offence under Section 376(2)(g)IPC by the learned Additional Sessions Judge-XI, Patna for being put on trial of Sessions Trial No.184 of 2007 and by judgment dated 11.08.2009 was held guilty of committing that particular offence. By order of sentence passed on the same day, the appellant was directed to suffer rigorous imprisonment for ten years as also to pay a fine of Rs.2,000/-, else to suffer rigorous imprisonment for six more months. The appellant has preferred the present appeal to challenge the order of conviction and sentence.

(2.) The written statement of Rekha Devi (Ext-4) is the foundation of the prosecution case in which it is stated that she was coming after having the eyes of her sister's mother-in-law checked up by a doctor. She reached her sister's house at Chulaichak and after that caught a bus to alight near Lekha Nagar-D.A.V. school and proceeded on foot to her house. When she had reached near the boring of Narendra Singh (P.W.3) in village Konhara, this appellant with three other unknown, took the lady into his embrace and further into the wheat field situated by the side of the boring house and put her down on the ground. The lady was undressed and the four accused, i.e., the present appellant and his three companions committed rape upon her, one after the other.

(3.) It is said that when the lady resisted the acts of the accused she was assaulted by the accused persons and was also threatened of being killed. Her throat and mouth was pressed so that she could not raise any alarm. While committing rape upon her the lady was beaten by the accused on her cheeks, breasts as a result of which she was seriously injured. At the same time she was also being assaulted by fist and slaps. In the meantime, 3-4 persons of her village, incidentally, happened to pass by the same path way who heard the voice of the lady and were attracted to the scene of occurrence when the present appellant and his companions fled away. The lady claimed that she could identify the three unknown companions of the present appellant.