SHATRUGHAN MUKHIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE above named sole appellant has been convicted for the offence punishable under Section 376 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for seven years under the above stated section by the learned Sessions Judge, Darbhanga vide impugned judgment of conviction dated 13.02.2001 and order of sentence dated 14.02.2001 respectively passed in Sessions Trial No. 405 of 1996. By the same impugned judgment, rest accused, namely, Fakir Mukhiya, Bhilo Mukhiya and Lal Mukhia were acquitted of the charge framed against them for the offence punishable under Section 323 of the Indian Penal Code and similarly, appellant was also acquitted of the charge framed against him for the offence punishable under Section 323 of the Indian Penal Code.

(2.) THE prosecution case, in brief, is that P.W.5, Deo Sundari Devi filed complaint petition (Exhibit -1) on 27.04.1995 stating therein that she resides at her parental home because her husband solemnized his second marriage and all the accused persons are relatives amongst themselves and had greedy eye upon her and they often tried to induce her for sexual intercourse for which she had chided them on several occasions. Furthermore, she alleged that on 25.04.1995 at about 12:00 to 01:00 A.M., while she was sleeping in her home, appellant Shatrughan Mukhiya entered into her house and after removing her saree and petikot committed rape on her. She woke up and pushed him away by using her leg and thereafter, she caught hold of him and raised alarm which attracted her mother and sister in law (bhabhi) as well as her neighbour, Bachha Paswan. The aforesaid persons came there and with the help of them she kept the appellant confined and then she called the chowkidar and handed over the appellant to the chowkidar. Furthermore, she alleged that in the morning of following day, she asked the chowkidar to take the appellant to the police station concerned but in the meantime, Sarpanch called the chowkidar and at the direction of Sarpanch, the chowkidar released the appellant. On 26.04.1995 at about 10 A.M. she along with her mother and witnesses was going to police station to lodge the case and when reached at Rasiari Ghat, the appellant and other accused surrounded her and started assaulting her with fists and slaps and also stopped her from going to police station. She along with her mother returned to her home but anyhow, she managed to go to the court and filed the complaint case.

(3.) THE appellant was, separately, charged for the offence punishable under Section 376 of the Indian Penal Code whereas he along with rest accused was charged for the offence punishable under Section 323 of the Indian Penal Code. The charges were read over and explained to appellant and others but they denied the charges and claimed to be tried.