MAHENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State alongwith the counsel for the complainant (prosecutrix) and perused the record.

(2.) This criminal appeal has been preferred against the judgment of conviction dated 14-12-2001 and sentence order dated 16-02-2001 passed by learned Additional Session Judge-Vth,, Rohtas at Sasaram in Sessions Trial No. 303 of 2000 by which and whereunder, he convicted the appellant for the offence punishable u/S 376 of the Indian Penal Code and, sentenced him to undergo rigorous imprisonment for a period of ten years under the aforesaid offence and imposed a fine of Rs 5,000/- upon the appellant and in default of payment of the fine, the appellant was ordered to undergo rigorous imprisonment for six months.

(3.) The prosecution case, in brief, is that P.W. 2 Raj Kunwar Devi filed complaint case bearing Complaint Case No. 226 of 1999 against the appellant in the court of Chief Judicial Magistrate, Rohtas at Sasaram stating therein that on 16-10-1999 at about 3.00 p.m. while she was alone in her house and her husband had gone to village Karwandia whereas; her children were also not present in the house, the appellant came at her house and started searching her husband. She disclosed that her husband had gone to Karwandia but the appellant entered her house and caught her hand. She tried to raise alarm but the appellant gagged her mouth and threw her on the ground. The appellant took out a pistol and threatened to kill her and out of fear, she kept mum. The appellant closed the door of the house from inside and started removing her Sari. She made protest but the appellant again threatened her saying that he would kill her husband and children. The appellant committed rape upon her and left her home giving threatening to her. She further stated in her complaint petition that on 18-10-1999 at about 8.00 p.m. while she had gone near Panchayat Bhawan to attend the call of nature, the appellant again caught her and took her in Panchayat Bhawan where he committed rape upon her. She did not disclose the above incidents to any person out of fear and when on 20-10-1999, her husband returned home from Karwandia, she disclosed the aforesaid incidents to her husband. Her husband made inquiry from the appellant about the aforesaid incidents but the appellant abused him and also threatened her husband and, thereafter, she alongwith her husband went to police station but her case was not registered and lastly, she filed the aforesaid complaint case.