SUNILKAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) -Both the appellants have come to this Court against the judgment and order of their conviotion and sentences for the offences under Sections 366-A and 376 of the Indian Penal Code by which the learned Ist Additional Sessions Judge, Nawadah has convicted and sentenced to undergo rigorous imprisonment for seven years under each of the counts.

(2.) The prosecution case, in brief, is that the victim Urmila Devi was a female labour, usually going for her wages along with one Kari Devi of her mohalla Harish Chandra Talab, Nawadah, District, Nawadah. While she was returning to her house on 9-11-1987 at about 8 p. m the accused persons, appellants Sunil Kahar and Bachkun Manjhi took her awav forcibly in a Taxi, standing nearby the Jail road, Harishchandra Talab, Nawadah. She was taken to Gaya railway station where they all boarded in a train for Chananagar, Calcutta and got her in a hutment. She was made to work for several days at the brick kiln iioth the accused persons had got accommodation just by the side of the said hutment of the victim and had been committing rape on her forcibly against her wishes. After seven days both the accused persons went back to Nawadah leaving her alone in the brick kiln. The victim told her story to the Munshi of the brick kiln and others. Then after staying for about 8 days in the brick kiln, she returned to Nawadh. In the meantime, a first information report had been lodged about her disappearance at Nawadah police station on 11-11-1987 by her mother Sohri Devi saying that on account of her association with one Kari Devi, the victim had disappeared. On enquiry, Kari Devi had told Sohri Devi to have sold the victim for a consideration of Rs. 2000/-. On the basis of the first information report (Ext. 2), investigation was going on. On 8-12-1087, the victim returned to Nawadah. Then the police on getting information about her arrival at Nawadah, recorded her statement in which she made specific allegations of her abduction and commission of rape by the accused persons,

(3.) The accused persons in their defence, have denied the allegations and alleged that they have been falsely implicated in this case. In defence, no witness has been examined.