RAJENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of judgment of conviction dated 05th February, 2000 and order of sentence dated 08th February, 2000 passed in Sessions Case No. 348 of 1998 by the 1st Additional Sessions Judge, Banka whereby the Trial Court has found and held the appellant guilty for the offences punishable under Section 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for five years.

(2.) The prosecution case is based on the fardbeyan of the informant namely Nand Kumari Devi, recorded on 15.11.1997 at 11.30 A.M. in which it was alleged that there was Puja of Tufani Baba in the village in which the villagers as well as the husband of the informant had gone to worship in the temple. The informant was alone in her house and slept on a cot. At 11.30 P.M., she woke up when someone entered into her room, after scaling the northern wall, who thereafter raped her. The informant awoke on the sound and wanted to come outside. All of a sudden, one person came and caught the informant on her cot. She wanted to raise alarm then the person, who was the villager of the informant namely Rajendra Yadav, gagged her mouth by inserting clothes and by threatening her removed her Saya (petticoat) and saree, and committed rape. After sometime when the semen of the accused was discharged in her private parts (vagina), he threatened the informant, and left after scaling over the southern wall. It is further stated that there was a semen stains on her petticoat. The informant thereafter raised an alarm, on coming outside her neighbour Bhukhla Devi (P.W.-1), Tumun Yadav (P.W.2) and Jaggu Yadav (P.W.3) came, who had seen the accused Rajendra Yadav fleeing away from her house. On alarm, several persons of the village and the husband of the informant came to her house before whom the informant disclosed the occurrence. On this statement of the informant, Bounsi Police Station Case No. 120 of 1997 under Section 376 of the Indian Penal Code was registered. The police investigated the case, recorded the statement of witnesses, seized the petticoat of the informant and got the prosecutrix medically examined. After completion of investigation, the police submitted charge sheet against the accused on the basis of which cognizance was taken and then the case was committed to the Court of Sessions.

(3.) During trial, eight witnesses were examined. PWs 1, 2 and 3 alleged that they saw the appellant fleeing away from the house of the victim. P.W-4 is the husband of the victim lady, P.W.-5 is the informant herself, P.W.-6 is the witness to the seizure list, P.W.-7 is the Investigating Officer of the case and P.W.-8 is the Medical Officer, who examined the victim.