CHANDAN YADAV AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two Appellants have preferred the two appeals against the judgment dated 07.06.2007 passed by the learned Additional Sessions Judge-cum-Presiding Officer, Fast Track Court No. I, Supaul(Saharsa) in Sessions Trial No. 80 of 2006 by which both of them were found guilty of committing an offence under Section 376 Indian Penal Code and were directed to undergo rigorous imprisonment for ten years each as also to pay a fine of Rs. 10,000/- each, else to undergo simple imprisonment for six more months.

(2.) The fardbeyan of P.W.6 is the basis of initiation of the prosecution on which the FIR of the case, Ext-1, was drawn up. It is stated by P.W.6 that she along with her younger sister Jaimala Kumari (P.W.4)had gone to Baghla river area for picking up cow-dung-cakes on 19.04.2005 and when both the sisters were on way to their house at about 2 P.M., Appellant Lalan Yadav made basket containing the cow-dung-cakes to fall and thereafter gagged her and fell her on the ground. It was stated that Appellant Chandan Yadav had caught the hands of the prosecutrix and she was raped, firstly, by Appellant Lalan Yadav by removing her trousers and also pressed her breasts. The same acts were enacted by Appellant Chandan Yadav.

(3.) It was stated by P.W.6 that seeing the occurrence, her younger sister P.W.4 Jaimala Kumari went to call her mother who came there on which the two Appellants ran away from there. The mother of the prosecutrix P.W.5 Bulanti Devi brought her to her house and when they were proceeding to the police station, some persons of the village requested them to agree for a Panchayati in the village itself so as to resolving the dispute, but nothing came out of it as a result of which P.W.6 came to the police station and gave her fardbeyan.