RAJBALLABH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant interlocutory application under Sec. 389(1) of the Code of Criminal Procedure has been preferred by the appellant for suspension of sentence and grant of bail during the pendency of appeal. He has been convicted for the offences punishable under Ss. 376 of the Indian Penal Code and Ss. 4 and 8 of the Protection of Children from Sexual Offences Act and sentenced to undergo imprisonment for life and a fine of Rs.50,000.00 for the offence punishable under Sec. 376 of the Indian Penal Code and rigorous imprisonment for five years and a fine of Rs.10,000.00 for the offence punishable under Sec. 8 of the Protection of Children from Sexual Offences Act. The trial court has not awarded any separate sentence for the offence punishable under Sec. 4 of the Protection of Children from Sexual Offences Act.

(2.) The prosecution case is based on the written report submitted by the victim, who has been examined as P.W.2 during trial. In her written report, she has stated that she along with her two elder sisters and a younger brother was residing in the house of Bisundeo Kumar on rent at Garhpar (Professor Colony). Smt. Sulekha Devi was also residing in the same mohalla with whom she has good relation. On 6/2/2016, at 4 P.M., said Sulekha Devi requested her to join a birthday party near Bharao Chowk. She took permission from her elder sister and went along with Sulekha Devi and her daughter Chhoti. They took her firstly at Ramchandrapur Bus Stand and from there they took bus of Bhakhtiarpur. When she inquired that where they were going, Sulekha Devi told her that she would take her mother also for participating in the birthday party. Thereafter, they reached at Bakhtiarpur where a Bolero vehicle was parked from before. After staying there for sometime, she along with Sulekha Devi and her mother sat in the Bolero vehicle. They reached at Giryak in between 11:00 and 11.30 P.M. As it was pitch dark, she could not read the name of the occupant of the building in which she was taken. It was a four storied building at Giriyak. After sometime, a person aged about 40-50 years came there and started taking wine along with Sulekha Devi. She was also offered to drink, but she refused. There were 4-5 persons guarding the said house. After drinking, Sulekha Devi unclothed her, pushed her on bed, caught her hand, inserted cloth in her mouth and the man, who was taking wine raped her. Thereafter, Sulekha Devi took her to another room and in the morning, she dropped her at her house. She stated that she saw Sulekha Devi receiving Rs.30,000.00 from the man, who had committed rape upon her.

(3.) After the victim came back to her house, she disclosed about the incident to her elder sister who informed her father. After coming to know about the occurrence, her father came and took her to the police station where she submitted her written report. She alleged that she would identify the person who committed rape upon her and the persons who were guarding the house.