DHORAI SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been convicted under Section 376 of the Indian Penal Code by the 1st Additional Sessions Judge, Katihar in Sessions Trial No. 62 of 1997 and has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 2000/- to the victim Shitola Devi.

(2.) Shitola Devi has instituted the First Information Report on 20.06.1996 alleging therein that when she went to attend the call of nature, the appellant caught hold her, threatened her and thereafter raped her. She claims that she did not inform anybody regarding the occurrence because she was threatened by the appellant. Specifically, it is stated by her in the fardbeyan that after she became five months pregnant, she has informed the villagers. She has also stated that her husband has been living in Delhi for past two year.

(3.) The Doctor, PW 3 examined the informant and assessed her age about twenty years and found her pregnant having foetus of seven months (twenty eight weeks).