SATYA NARAYAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under Section 376 Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years in Sessions Trial No. 91 of 1995 by the judgment and order of conviction dated 12/13.12.2001 passed by the 1st Additional Sessions Judge, Madhepura.

(2.) THE case of the prosecution is that on the date of occurrence the prosecutrix, who was ten years old girl, was picked up by the Appellant, who disrobed and threw her in a bamboo clump after having gagged her. While the Appellant was disrobing himself, the prosecutrix pulled out the cloth from her mouth and started screaming at which PW 1 and 4 came there. Seeing them, the appellant fled away. A Panchayati was held thereafter in which the Appellant was fined but he did not deposit the same at which the present First Information Report was instituted.

(3.) PW 3, Ram Kishun Mehta, who appeared as hearsay witnesses during trial, has stated that the prosecutrix had narrated entire incident to him and that the witnesses had come on her scream at which the accused persons had fled away. He also states the entire manner of the occurrence which was narrated to him by the prosecutrix which is completely in conformity with the evidence of the prosecutrix herself. Similar is the position of the evidence of PW 4, Motilal Mehta, and PW 5, Sitaram Mehta, who have given the details of the manner in which the occurrence took place. PW 6, Rekha Kumari, the prosecutrix did not waive in her evidence during trial.