BASUDEO MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

(2.) The solitary appellant has preferred this appeal against his conviction for the offence under section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 10 years with fine of Rs. 2000/- in default whereof to undergo further rigorous imprisonment for two months as awarded on 8th February 2010 by 1st Additional Sessions Judge, Fast Track Court, Jamui, in Session Trial No. 85/2008 arising out of Jhajha P.S. Case No. 106/2007, G.R. No. 1166/2007.

(3.) The prosecution case as reveal from the Fardbeyan of the prosecutrix aged 12 years recorded on 1.30 p.m. on 31st August 2007 that three days before on 28th August 2007, the day of Rakshabandhan at about 12.00 p.m. she was there at the Well to take out water, the appellant who is resident of same locality got hold of her and took into his room, closed the doors from inside, lying her on bed, opened her undergarments and when she started crying pushed some cloths in her mouth and thereafter committed rape upon her, and subsequently appellant himself came out of the room and the prosecutrix followed her could be able to see wives of Thakuri Mandal and Budhan Mandal (P.Ws. 5 & 4) narrated the happenings and when mother of the prosecutrix met after cutting grass she intimated her and since her father had already gone to Deoghar, no case was earlier instituted, but only on his return from Deoghar the case was instituted. Investigating Officer investigated the case and submitted the charge-sheet etc. The appellant faced trial for the offences under section 376 of the Indian Penal Code, wherein prosecution examined altogether 11 witnesses besides producing following documentary evidence exhibited: