JAGDEO CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years.

(2.) THE prosecution case as alleged by the informant is that on 04.06.1992 while the informant Lakhpatia Devi went to catch her she-buffalo at about 5:00 A.M. which had fled away from the Khuta and when she went some distance across the road, Jagdeo Choudhary came and caught hold of her and thrown her in the Khanta, tried to rape her and when she protested then she was assaulted and raped. After the rape she started crying then Ghegi Chaudhary son of Saryug Chaudhary, Sheoji Chaudhary son of Sahdev Chaudhary both the nephew of the appellant came. Jagdeo Chaudhary told that the victim is a thief and had come to bring a box. In the pretext of having committed theft on which Sheoji Chaudhary caught hold of the hair of the victim and tried to drag her and Jagdeo Chaudhary assaulted her by slaps and fists and then the victim came to her house and disclosed the fact to the people and then the people advised her to go to the police station.

(3.) HOWEVER, the defence has come with a case that the sexual intercourse between the appellant and the victim was with consent as the victim has stated in her cross-examination that she was living with Jagdeo Chaudhary since last ten years and they used to do the work with consent of each other and even during the period Jagdeo Chaudhary had said to terminate her pregnancy. She has further stated that there was quarrel between them and Jagdeo Chaudhary has stopped maintenance so she filed a case and P. W. 1 the father-in-law of the victim has also stated that Lakhpatiya Devi is his daughter-in-law and his son died about 15 to 20 years back. Further he has stated that he has driven out her daughter-in-law since last two years. His evidence has been recorded in the year 1994 whereas the occurrence is of the year 1992 and has stated that when he found her wrong then he has driven her and further the prosecution case of suggestion which has been denied by P. W. 1 that Jagdeo Chaudhary always have illicit relation with his daughter-in-law and she is living with Jagdeo Chadudhary since the death of her husband.