AJJU ALIAS AJAY MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Section 363 of the Indian Penal Code (in short the Code) and was sentenced to undergo R.I. for five years. He was further convicted under Section 366 of the Code and was sentenced to undergo R.I. for seven years and also convicted under Section 376 of the Code and was sentenced to undergo R.I. for eight years and also with a fine of Rs. 2000. In default of payment of fine, he was to undergo R.I. for sex months. However, all the sentences were ordered to run concurrently.

(2.) The prosecution case, in short, is that the Officer-in-charge of Hayaghat Police Station, District-Darbhanga recorded his statement on 25-5-1993 at 10.00 P.M. in village-Sajhauti of that P.S. at the house of Mukhiya Baidya Nath Yadav stating therein that on 25-5-1993 he heard rumour that in village-Sajhauti Sighiyahi Tola, a girl was kept in the house of Ram Badan Manjhi as a boy brought that girl from Laxmi-Sagar, Chunabhathi, Darbhanga a after eloping with her. Thereafter, he entered it into station diary entry No. 398 dated 25-5-1993 and to verify the rumour he proceeded for the house of Ram Badan Manjhi along with A.S.I. Hawaldar and Homeguard. After reaching there, in presence of Mukhiya Baidy Nath Yadav and other villagers, they searched the house of Ram Badan Manjhi and found a girl named Ragani Kumari, daughter of Sri Gagandeo Jha of village-Basawanpatti, P.S.-Karjain, District-Supaul. It has been stated that her father was posted in Public Relation Department. Laheri asarai, Darbhanga and residing at present at Laxmisagar Chunabhathi in the house of Dr. B.N. Tarun. It has been further stated that the girl formed him that the appellant Aju @ Ajay Manjhi, son of Ram Lakhan Manjhi, a student of I.A. and resident of same locality enticed her and on 17-5-1993 while she was going from her house to Poor Home to attend the course of Silai Training Centre, then Aju along with Umesh Paswan took her to marry with her and both brought her half kilometer west to Parsa Chauk in District-Begusarai and kept her in the house of Nathuni Paswan. She lived there along with Aju Manjhi, the appellant and Umesh Paswan returned on the same. After two days i.e. on 19-5-1993 Umesh Paswan came along with Ram Narayan Manjhi, own brother of Aju Manjhi and on the same day Ajay Manjhi, Umesh Paswan and Ram Narayan Manjhi brought herto Hayaghat Railway Station by a Taxi Jeep. She spent the whole night at hayaghat Station along with Ajay Manjhi and Ram Narayan Manjhi and on 25-5-1993, next morning, at 6.00 A.M. they walked to village-Sanjhauti Sighiyahi Tola and came to the house of Ram Badan Manjhi, who is Mama of Ajay Manjhi, the appellant, and Ram Narayan Manjhi went away on the same day. She also informed him that the appellant, Aju @ Ajay Manjhi committed sexual intercourse with her by inducing to get married with her. On the basis of this statement, Hayaghat P.S. Case No. 343 of 1993 was lodged under Sections 363, 366A & 376/34 of the I.P.C. The police started investigation and after its completion submitted charge-sheet against the accused persons. On the basis of charge sheet, the C.J.M. took cognizance of the offence and the case was committed to the Court of sessions for trial. Ultimately, trial concluded in the manner as indicated above. The appellant pleaded not guilty and has stated that he had been falsely implicated in this case.

(3.) The prosecution in support of its case examined altogether nine witnesses. P.W. 1 is Sheo Shankar Sahni, who has been declared hostile. P.W. 2 is Sahadeo Yadav, who has been declared hostile. P.W. 3 is Dular Chand Yadav. He has also been declared tender. P.W. 4 is Dr. A.R. Kishore. He has examined the victim, P.W. 7 (Ragani Kumari). P.W. 5 is Sone Lal Paswan, Chaukidar. He has also been declared hostile. P.W. 6 is Baidya Nath Yadav, Mukhiya. He has also been declared hostile. P.W. 7 is herself the prosecutrix Ragani Kumari. P.W. 8 is Jinder Manjhi, who has also been declared hostile. P.W. 9 is Raj Narayan Yadav, a constable. He has also been declared hostile. The Court has also examined C.W. 1 Ram Kishore Jha.