FAKIRA SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary appellant Fakira Sahani was indicted of committing offence under section 376 IPC on Dahauri Devi (P.W.5) at 10 A.M. on 6.4.2004 while she was scrapping grass in the fields for being tried in S.T. No. 520 of 2005. By judgment dated 21.11.2006, the appellant was held guilty of committing that offence. The learned Presiding Officer, Fast Track Court IV, Muzaffarpur, after hearing the appellant on sentence, directed him to suffer RI for seven years as also to pay a fine of rupees five thousand, else to suffer RI for one more month. The appellant has preferred the present appeal to challenge the propriety of the order of conviction and appropriateness of sentence passed upon him.

(2.) P.W. 5 alleged that while she was scrapping grass, this appellant came, overpowered her and after putting her on the ground, ravished her. The written report (Ext.2) was filed after twenty two hours of the occurrence and on that basis, FIR was drawn up, which was investigated into by P.W. 6, the I.O. of the 2 case. The allegation was that the appellant had committed the act into a maize field. However, the evidence of P.W. 6 indicated that no maize plant had been smashed, broken or trampled. In fact, P.W. 6 did not find any signs of commission of any such offence, as alleged by the prosecutrix but, still, because the prosecutrix was supporting herself and some more witnesses were coming to support the allegation during investigation, the solitary appellant was sent up for trial.

(3.) The appellant had pleaded in defence that he had falsely been implicated on account of some dispute with regard to a piece of land which was mortgaged, but the learned trial judge brushed aside that defence and went on to pass the impugned judgment.