STATE OF BIHAR Vs. NAGENDRA RAM

JUDGEMENT

(1.) COMPLAINANT 's case, in brief, is that on 20.7.2002 at about 11.00P.M., all the accused persons namely Nagendra Ram, Pawan Kumar, Ajay Kumar and Doman Ram enticed away and kidnapped the wife of complainant Laxman Ram. Complainant is Laxman Ram (PW-4) husband of victim Kiran Prakash Devi, who is "Aangan Bari Sewika" in Mahnar block, purpose is said marriage and on denial to commit murder. Further, it is alleged that Kiran Prakash Devi took all her ornaments, clothes and cash. Incident was informed to Mahnar police, but no action was taken, thereafter complaint case is filed. After cognizance, case is committed for Sessions trial and trial is ended in acquittal by the Court of Additional Sessions Judge, Fast Track Court No.III, Vaishali at Hajipur of all the accused-respondents, validity of which has been questioned through filing this appeal on behalf of the State.

(2.) IN all, five witnesses are examined in the case; they are PW-1 Balbir Kumar, PW-2 Rajendra Ram, PW-3 Ramkaran Ram, PW-4 Laxman Ram (complainant of the case) and PW-5 Kiran Prakash Devi victim of the case. Of witnesses, PWs-1, 2 and 3 are there to state that they saw victim of the case at Railway Station with accused-respondents. Further, she told about her going to Patna in connection with her promotion, on return she deposed about taking away of ornaments and cash and commitment of rape. PW-4 is there to state the whole prosecution case, but as stated by victim after her return. No doubt, on the point of disappearance of the victim his statement is admissible. Statements of PWs-1, 2 and 3 is admissible on the point of watching victim along with accused-respondents at station only. Rest of their statements is not admissible as being hearsay.

(3.) NOW , it remains to discuss Section 376 of the I.P.C. On this point the sole witness of this case PW-5 (victim) of the case states that accused Ajay Kumar and Pawan Kumar came to her house at 8.00 p.m., advised her to go to Patna in connection with her promotion in the grade of Supervisor. She was asked to arrange money, clothes, jewellery. So, she accompanied all the accused-respondents with jewellery and cash of Rs. 31,000.00, went to Mahnar station by tempo. They came to Hajipur by passenger train there Nagendra asked her to accompany him to house of his relation. She went there along with Ajay Kumar, remained there for two days where both of them committed rape upon her. There is no specification about the force if was used nor she states about presence of any family members in the house of Nagendra's relation nor states about disclosing her kidnapping or abduction by accused Nagendra and Ajay nor their act of sexual intercourse which could lead the act under definition of rape. Apart from above discussed circumstance other circumstances are elaborately discussed by the trial Court belying the victim PW-5 on point of commitment of rape.