SURESH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) ABOUT a week, preceding incident Kalawati Devi, the prosecutrix, (PW 7) had suffered a teeth bite for which she was treated. Allegedly, in the night of 9th August, 1994, the appellant visited her house, gave Rs. 10/ - to her husband to bring rice from the shop, and taking opportunity of absence of husband of the prosecutrix, having allured the prosecutrix for herbal treatment, took her to a nearby bamboo orchard, where he violated her person, despite all resistance by the victim. After the prosecutrix met her husband, she narrated her woes to him who took the matter to the villagers who advised convention of panchayati for resolving the dispute. As appellant did not participate in panchayati, the matter was taken to public authority, and it is how that the police came into action after recording statement of prosecutrix at 17.30. on 11th August, 1994. As usual, investigation commenced, during which the police officer recorded statement of witnesses, visited place of occurrence, got the prosecutrix examined by the doctor and on conclusion of investigation, laid charge -sheet before the Court. In the eventual trial that followed, the State examined altogether 15 witnesses.

(2.) THE defence of the appellant both before the Court below and this Court had been that of plea of innocence and denial of accusation attributed to him. Suggestions were given to the witnesses about false implication of the appellant, with regard to dispute of some wages. However, defence had not chosen to examine any witness in defence of plea taken in course of trial. The trial Court, however, on consideration of evidences that were placed on behalf of the State, while negativing plea of innocence of the appellant, recorded verdict of guilt, finding appellant guilty under Section 376 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for a term of 7 years on that count.

(3.) I may take notice of evidence of Saryug Sharma, PW 1, who happens to be husband of the prosecutrix. He too stated that at about 8.00 p.m., the appellant visited his house and sent him to fetch rice on paymen of Rs. 10/ - and pursuant thereto as was informed by his wife, he took her to a nearby bamboo orchard on pretext of herbal treatment of teeth bite and committed sexual assault on her. Moti Sharma, PW 5 and Bhagwati Devi, PW 6, stated to have learnt about incident from the prosecutrix about appellant having committed sexual assault on her.