GAJENDRA CHODHRY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary appellant Gajendra Choudhary was charged and tried by the Sessions Judge, Rohtas under section 376 IPC and by judgment dated 27th July, 2006 passed in Sessions Trial No. 317 of 2006, the appellant was found guilty of the above noted offence. The appellant was sentenced on the same day, i.e., 27.7.2006. The learned trial judge directed the appellant to undergo rigorous imprisonment for seven years for committing the offence under section 376 IPC.

(2.) The prosecution story is contained in Ext. 2, which is the written report claimed to be written in the handwriting of the prosecutrix P.W. 2. in which she stated that on 22.12.2005, she was going to pluck brinjal from her field when this appellant was found standing at the entry of his house. No sooner the appellant had seen the prosecutrix, he came near her and after catching hold of her by her hand, started dragging her towards his house. The prosecutrix started raising cries, on which the appellant dealt two slaps on her cheeks, as a result of which P.W. 2 was frightened. The appellant took her inside the house. There was none there and after putting her inside a room, closed the doors and also put the latch over it. He also closed the main entry doors of the house and himself entered inside the room in which he had put P.W. 2. The prosecutrix again shouted but the appellant is said to have threatened her and is further stated to have taken her into his embrace. Thereafter, the appellant is said to have undressed the prosecutrix to commit rape upon her. After having committed the act, the appellant is alleged to have gone out of the room and again came inside the room after half an hour to again commit rape upon the lady and went outside the room by closing the doors once again. The prosecutrix stated that she shouted many times but no one came there as there was no window fixed in the walls and at about 4 p.m. she could pick up the voice of the appellant and she again shouted whereafter the wife of this appellant came and unlatched the doors to open them, when the prosecutrix came out. But, she was threatened not to divulge the facts and was also beaten up by being given two slaps on her face.

(3.) P.W. 2 states that she came out of the house and narrated the whole incident to her mother and grandmother (both not examined) as her father was not available due to having gone out with one of his relatives. The prosecutrix gave information to other persons also and when her father came back in the evening, she narrated the incident to him whereafter her father, namely, Wakil Choudhary along with her Mausa Ram Pravesh Choudhary came to Dawath police station with her to file a written report (Ext.2). The prosecutrix stated that because her father was not at his house on 22.12.2005, she was filing the report a day after.