BIDYA NAND MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary appellant was charged of comitting an offence under Section 376 of the Indian Penal Code for being put on trial in Sessions Trial No.148 of 1995/ Trial No. 248 of 2006 by the Additional Sessions Judge-cum-Presiding Officer, Fast Track Court I, Araria. By judgment dated 18.4.2007, the learned Judge convicted the appellant of committing that particular offence and directed him, by order of sentence dated 20.4.2007 to suffer rigorous imprisonment for seven years as also to pay a fine of Rs. 5,000/-, else, to suffer simple imprisonment for one month. The appellant appeals to this Court.

(2.) The written report filed by P.W. 2, the victim of the offence, was the basis for drawing up of the F.I.R.( Ext.3). It was stated in the report that the prosecutrix had gone out to pick up fuel woods from the fields when this appellant caught her by both her arms to take the informant into a pit and thereafter committed rape upon her. It was stated that when she wanted to get away from the clutches of the appellant, he completely immobilized her by catching both her legs and hands. The lady stated that when the act was over she raised a hulla which attracted persons who saw the appellant running towards north.

(3.) One does not know as to how investigation proceeded, but it appears from some of the documents placed on record, like Ext.1, which was a request from the Investigating Officer to the Medical officer, In-charge, that the prosecutrix was sent to the Doctor for being medically examined and she was examined and Ext.2 the medical report was issued by the Doctor. The Doctor has not been examined but still the document has been brought on record by Shri Dinesh Ram, P.W. 3 who stated that he was acquainted with the writing of the Doctor who had penned Ext.2.