SURENDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) CRIMINAL Appeal (SJ) No.257 of 2000 filed on behalf of the appellant, Surendra Rai, and Criminal Appeal (SJ) No.262 of 2000 filed on behalf of the appellant, Bharat Poddar, have been directed against the judgment of conviction and order or sentence dated 24.7.2000 passed by the court of 1st Additional Sessions Judge, Samastipur, in Sessions Trial No.164/50 of 1994, whereby the court of 1st Additional Sessions Judge, Samastipur, while acquitting the accused, Surendra Rai (appellant in Criminal Appeal (SJ) No.257 of 2000) and the accused, Bharat Poddar (appellant in Criminal Appeal (SJ) No.262 of 2000) for the charge under Section 376 of the Indian Penal Code giving them the benefit of doubt, has convicted them for the offence under Sections 366, 323 and 452 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for five years for the offence under Section 366 of the Indian Penal Code, for two years for the offence under Section 452 of the Indian Penal Code and for three months for the offence under Section 323 of the Indian Penal Code. However, all the sentences were ordered to run concurrently. Since both the appeals have been directed against the same judgment of conviction and order of sentence dated 24.7.2000 passed by the court of 1st Additional Sessions Judge, Samastipur, in Sessions Trial No.164/50 of 1994, they have been heard together and are being disposed of by this common judgment.

(2.) IN brief, the prosecution case is that the informant, Usha Devi (P.W.3) gave her fardbeyan at the door of Surendra Rai in village- Chak Haidar, Police Station-Tajpur, District-Samastipur, to the Sub Inspector of Police, Indradeo Prasad (P.W.11), Officer Incharge of Police Station-Tajpur on 27.7.1993 at about 5.30 A.M. to the effect that in the preceding night after taking the meal she had slept in her house. At about 12 O'clock in the night, Surendra Rai, son of Lutan Rai, Pallu Rai, son of Paltan Rai and Bharat Poddar, son of Sukhdeo Poddar, all of village-Chak Haidarpur, P.S. Tajpur, District-Samastipur, came to her house and asked her to open the door using abusive language. Due to fear she opened the door of her house, then they forcibly entered into her house and catching her hand forcibly taken her to the door of the house of Surendra Rai by dragging and causing assault. Thereafter, Surendra Rai locked her in a room and committed rape on her twice. At that time, Pallu Rai and Bharat Poddar fled away from there. She has further alleged that in the preceding night her husband was not present at her house. At that time, her Nanad (sister-in-law), Veena Devi and cousin mother-in-law were present at her house, who also raised hullah but due to fear of the accused, none rushed to save her there. Her neighbours have also seen the occurrence, who would narrate the same if they are asked.

(3.) THE court of 1st Additional Sessions Judge, Samastipur, on consideration of the evidence of the prosecution witnesses and the materials available on the record, while acquitted the accused-appellants for the offence under Section 376 of the Indian Penal Code giving them the benefit of doubt, convicted them for the offence under Sections 323, 452 and also under Section 366 of the Indian Penal and sentenced them as indicated above.