BIKARMA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary Appellant Bikarma Sah was tried after being charged under Section 376 IPC by Fast Track Court No. II, Rohtas at Sasaram in Sessions Trial No. 736 of 2002. By judgment dated 16.09.2005, he was held guilty of committing the offence and by the order of sentence passed on 21.09.2005, the Appellant was directed to suffer rigorous imprisonment for ten years as also to pay a fine of Rs. 5,000/-, in default of which the Appellant had to suffer rigorous imprisonment for further period of six months. Appellant Bikarma Sah has preferred the present appeal to question the above noted judgment and order of sentence.

(2.) The case is based on the written report of Rishamuni Devi(P.W.6) who happens to be the mother of Guriya, a girl child aged about three years. It was stated by P.W.6 in her written report that a Barat had come at the house of one Dadan Lal for solemnization of the marriage of his daughter and the victim, Guriya went there and could not be traced out. At about 10 P.M. her cries were heard coming from the Darwaja of the informant and lastly, she was found standing bare bodied.

(3.) When the child woke up on 31st of May, 2002, the informant found that she was weeping and she had difficulty in urinating and there was blood stain around her private part. When she was engaged in house hold cores, it is said, this Appellant came there and handed over the frock of the child to her and stated that the child had been injured and as such she should be treated.