DILO RABIDAS, MAHADEO RABIDAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the counsel for the Appellant and the State.

(2.) The Appellant has been convicted under Section 376 of the Penal Code and has been sentenced to undergo rigorous imprisonment for five years.

(3.) The prosecution case, as alleged in the fardbeyan, dated 06.07.1988, by the informant, Tusiya Devi, the prosecutrix, that in the month of poosh at about 10.00 a.m. she has been to take rahri field pressing her mouth and committed rape. When she protested then he told that he will keep her if she becomes pregnant and threatened to kill if she disclosed to others. Then she did not disclose out of fear and he was under confidence that if something wrong would happens Dilo Rabidas will keep her. It is further alleged that thereafter Dilo Rabidas continued cohabitation in the pretext of marriage. It is further alleged that she become pregnant and then she disclosed about the occurrence to her mother in the month of baisakh. There was Panchayati, but, Dilo Rabidas refused to keep her. Two days prior to the filing of the complaint Dilo Rabidas demanded Rs. 5,000/- for keeping her and when she refused to pay the amount, Dilo Rabidas resiled from his commitment. On the fardbeyan the first information report lodged and after investigation the charge sheet submitted, the cognizance taken and the case was committed to the Court of sessions. After commitment, charge was framed for offence under Section 376 of the Penal Code against Appellant and under Section 3 of the Dowry Prohibition Act.