BUNI LAL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Arun Kumar Tripathi, Amicus Curiae for the appellant appointed on 11th September, 2008 and Mr. Binod Bihari Singh, Additional Public Prosecutor for the State.

(2.) The solitary appellant, namely, Buni Lal Mahto, has preferred this appeal against the judgment of conviction and order of sentence dated 09th July, 2008 and 15th July, 2008 respectively passed in Sessions Trial No. 110 of 2001/140 of 2006 by Additional Sessions Judge, Fast Track Court No. VI, Sitamarhi, whereunder the appellant has been found guilty for the offence punishable under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten year and further to pay a fine of Rs. 20,000/-, in default, to further undergo rigorous imprisonment for one year. It was further ordered that in the event of payment of fine by the appellant, the amount shall be paid to the victim as compensation.

(3.) The prosecution case, in short, as reveals from the written application (not formally exhibited), is that the prosecutrix became widow two years before and any how pulling her life along with a child roughly a year before the appellant, a co-villager, started coming to her house by showing sympathy and assurance to get married her and started developing sexual relationship which continued for six-seven months. During the period he took Rs. 20,000/- received as pension of deceased husband of the prosecutrix on the ground to meet the expenses of marriage with her. Ultimately, when she became pregnant and was putting pressure upon the appellant to execute the assurance of marriage, she was assaulted and thrown away.