SURESH BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been held guilty under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years by the 7th Additional Sessions Judge, Motihari in Sessions Trial No. 238/102 of 1999.

(2.) The occurrence is said to have taken place on 02.09.1999 in the afternoon. The informant claims to have gone to her field to bring some jute leaves. In the mean time, it is alleged that Suresh Bhagat, the appellant, came to the field, threatened her and thereafter supposedly raped her. After commission of rape, she went home and disclosed this fact to her mother. Her father had gone to earn his livelihood. He returned at night and because it had got late, the First Information Report was instituted on the next day.

(3.) In this case, the victim girl Rajpati Devi was medically examined and Dr. Shakuntala Singh (PW 5) has concluded that the girl was minor. It is said that she was used to sexual intercourse. The opinion given by the doctor is that the girl was not raped as there was no injury on her body to indicate that force was applied or that she had received injury because she was thrown on the ground at the time of commission of the alleged rape.