SHAILENDRA KUMARALIAS SHAILENDRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two appellants were charged of committing an offence under Section 366A by the Presiding Officer of Fast Track Court No.II, Nalanda at Biharsharif in Sessions Trial No.135 of 1992 and were found guilty of committing the offence by judgment dated 5.5.2005. The appellant Girish Mahto had separately been charged also under Section 376 IPC and was found guilty also of committing that offence. The two appellants were directed to suffer rigorous imprisonment for four years under Section 366A IPC and were also directed to pay a fine of Rs.2,000/- each. Appellant Girish Mahto was inflicted the sentence of rigorous imprisonment for five years for his conviction under Section 376 IPC.

(2.) THE two appeals have been preferred by the two appellants to challenge their individual convictions. I have heard both the appeals together with the assistant of Sri Dinesh Prasad Verma who offered to assist this court in the two appeals and also Sri Ajay Mishra for the State.

(3.) THE case of the prosecutrix P.W.6 was that when she came out of her house to attend to the call of nature, she was picked up by appellant Shailendra Kumar and was taken by a motorcycle to Biharsharif and was left with appellant Girish Mahto and one Arjun Mahto(since dead) who kept her there in a room for 15 days and committed rape upon her on all days. Appellant Girish Mahto and deceased accused Arjun Mahto, thereafter, shifted the prosecutrix to Purnea by a bus and again confined her there for 15 days to commit rape upon her simultaneously together on multiple occasions a day. It is further stated that from Purnea the prosecutrix was shifted to Patna and again to Biharsharif. At each of the two places, i.e., Patna and Biharsharif, she was confined for equal periods of 15 days and was subjected to forcible sexual intercourse on multiple occasions a day.