MAHENDRA MAHTON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Allegedly Rajo Devi, a married lady aged about 20 years, was scrapping grass in the field when at about 5 p.m. Mahendra Mahto, the appellant came from north side holding an axe in the hand. and before she could raise alarm, having thrashed on the ground, made her naked and committed sexual assault on her. When she wanted to raise alarm he gagged her mouth and holding threat. accomplished commission of sexual assault on her while she was carrying pregnancy of about five months, and with these accusations. fardbeyan of RaJo Devi was recorded at 22.15 hours at the Police Station on 29th July, 1991. pursuant to which investigation followed. The Police Officer who took investigation recorded statement of witnesses including that the prosecutrix, got prosecutrix clinically examined by the doctor and on conclusion of investigation, laid charge-sheet before the Court. In the eventual trial that followed the State examined six witnesses including the prosecutrix other witnesses and the doctor.

(2.) The defence of the appellant was that the prosecutrix was a woman of easy virtue who was time being visited by one Lallu Mahto and since the appellant had reprimanded her hence his false implication.

(3.) Reiterating narrations made by her in the fardbeyan the prosecutrix (PW 5) states at trial that on the day of incident at about 5 p.m.. while she was scrapping grass in the field the appellant came holding an axe and having made her naked committed sexual assault on her holding threat to execute her killing in case she raised alarm. She stated that she was carrying pregnancy for five months for which she had violent pain in her abdomen after commission of sexual assault by the appellant. She took recourse to public authority and set the Police in motion, pursuant to which she was also medically examined by the doctor.