LAWS(PAT)-2011-12-9

ABU BAKAR Vs. STATE OF BIHAR

Decided On December 12, 2011
ABU BAKAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Fardbeyan of one of the victims namely Simuda Kumari is made basis for the F.I.R. which in short is that she and her cousin sister Akali Kumari were sleeping in a room of their house. Their mother, father and brother were sleeping in different rooms. It is alleged that a boy entered their room, pressed her (informant s) mouth by means of cloth and committed rape. He was identified as Md. Abu Bakar in the light of lantern. It is further alleged that her cousin sister rushed from the room to awake the family members but was caught in the courtyard by another accused Md. Musahid. Her mouth was closed and she was dragged to a culvert near a primary school. Informant also was dragged there and rape was committed upon both the informant and her cousin sister by Musahid and Md. Abu Bakar. Threatening was also given before committing rape and to keep mum. Anyhow after the actual act of rape, alarm was there on which informant s brother, father, cousin brother and villagers came but accused persons had left the place. A Punchayati was held, so it took time to lodge the case (F.I.R.). After concluding the trial the case is ended in conviction and sentence.

(2.) In all ten witnesses are examined on behalf of prosecution. Of them P.W.1 is Horen Das, P.W.2 is Dinu Das, P.W.4 is Sattu Das, P.W.5 is Mahendra Das, P.W.6 is Bijal Das, P.Ws 7 and 8 are victims of the case. P.W.9 is Hiran Das. P.W.3 is the doctor who examined the victim girls and P.W.10 is the I.O. of the case. P.Ws 5 and 9 are tendered witnesses and in cross examination also they have stated nothing about taking place of the incident to favour the prosecution case. P.Ws 1, 2 and 6 are witnesses who came to the place of occurrence after the incident where both the girls were present but watched no part of the incident. P.W.10 is I.O. to state that case was properly investigated on his behalf by examining witnesses, inspecting place of occurrence and collecting other materials. P.W.3 may be corroborative to allegation leveled in the case stated by P.Ws 7 and 8.

(3.) Now for the real act of commitment of rape or sexual intercourse, statement of P.W.7 and P.W.8 remains to discuss. They are constant on the point that they were sleeping in their room. Accused-appellant no.1 Abu Bakar came, over powered Simuda Kumari after coming upon her, removed her clothes, pressed her mouth and committed rape. Akali Kumari came out from the room but was over powered by accused-appellant no.2 Musahid. Both the girls were taken to culvert, were committed rape after removing their Saries. Their mouth were pressed, so as they could not make alarm. After the act of real commitment of rape when Abu Bakar started to wear his Lungi, there was alarm on behalf of Simuda Kumari and both the accused left the place.