UPENDRA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an appeal by Upendra Mahto who was convicted under Section 376 of the Indian Penal Code in Sessions Trial No. 94 of 1989 under judgment of the learned Sessions Judge, Nawadah, dated 18-9-1989 and was sentenced to undergo rigorous imprisonment for five years.

(2.) IN this appeal this Court had delivered judgment on 18-12-2000 dismissing the appeal in absence of learned Counsel for the appellant, as when the appeal was first taken up for hearing on 13-12-2000, no one on behalf of the appellant had appeared and the case was adjourned to 18-12-2000 when also none appeared on behalf of the appellant, and then appeal was taken up for hearing and learned Additional Public Prosecutor was heard and this Court, after going through the entire case record, had recorded the judgment as aforesaid.

(3.) F.I.R. in this case by the informant Raj Kumar Jha, father of the victim girl, is Ext. 2 whereas the formal F.I.R. is Ext. 4, in which it was alleged that the informant's wife Gita Devi had come and told him that their daughter Rekha Kumari when in the morning at 8 A.M. was going to ease herself and had reached near the field of Raj Kumar Mahto, the appellant came from behind, caught hold of her, abused and also assaulted her. Thereafter as per allegation, he took her to the field of Brahmdeo Mahto which had maize crop, threw her down and then raped her. When the victim girl cried and the accused saw the wife of Rajo Mahto coming, he fled away. The victim thereafter went home and informed Gita Devi who in turn came to Nawadah where her husband was, and told him about the incident but they could not go back to home because of heavy rains and flood in the river. Subsequently he reached home and went to the police station and F.I.R. was lodged on 10-8-1988.