SATYENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Cr. Appeal has been preferred against the judgment of conviction dated 05-09-2001 and order of sentence dated 07-09-2001 passed by VIIth Additional Sessions Judge, Rohtas, Sasaram in Sessions Trial No. 2/2 of 1999/99 by which and whereunder, he convicted the appellant for the offences punishable under Sections-366, 376, 386 & 463 of the Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for ten years each for the offences punishable under Sections-366, 376, 386 of the Indian Penal Code and to undergo rigorous imprisonment for two years for the offence under Section-463 of the Indian Penal Code for which, the punishment has been provided under Section- 465 of the Indian Penal Code. However, the learned Additional Sessions Judge directed that all the sentences would run concurrently.

(2.) In brief, prosecution case, is that the P.W. 4 namely, Priyanka Devi gave her fardbeyan to Officer-in-charge, Dehri Police Station at her home on 26-07-1998 at 5.00 p.m. to this effect that since last one year, she was running a beauty parlour in Choudhary Market after taking a shop on rent whereas; her husband, namely, Ramjee Sao (P.W. 3) was working as collection agent in Sahara India. Satyendra Singh was also working as Senior Field Manager in Sahara India. Since her husband as well as Satyendra Singh were working together in Sahara India, the relation between her husband and Satyendra Singh became cordial and Satyendra Singh used to call her Bhabhi and also used to visit her home. She further stated that on 14-06-1998 while she was working in her beauty parlour, Satyendra Singh came there by Maruti car bearing registration No. BR 32(M)/9726 and said that her daughter was seriously ill, upon which, she closed her shop and sat down in the car of Satyendra Singh. The glasses of the car were black coloured. The accused/appellant Satyendra Singh drove the vehicle and when the aforesaid vehicle reached near coal depot at G.T. road, she asked as to where he was taking her and also directed him to stop the car. Thereafter, Satyendra Singh stopped the car for two minutes. He took out water from the thermos flask and having mixed some white powder in the water, forcibly administered her the said water and when she tried to raise alarm, Satyendra Singh pressed her mouth with handkerchief and also threatened to kill her. She became afraid and her body became irresistible due to intoxication. Satyendra Singh, again, drove the car and proceeded ahead. She further stated that after half an hour, she regained her consciousness and found herself near Shilpa Hotel at Sasaram. The accused, Satyendra Singh took her in room No. 102 of Shilpa Hotel by catching her hand and bolted the door of room from inside. After sometimes, he ordered for chicken and rice. She was afraid and helpless due to fear of Satyendra Singh as well as due to intoxication. She was also unable to resist and speak anything. She was feeling drowsiness. Satyendra Singh forced her to take meal and after sometime, he started removing her clothes from her body. When she made protest, Satyendra Singh, again, threatened to kill her and stated that your dead body would not be traced out. She became helpless out of fear of Satyendra Singh and after that, Satyendra Singh removed her all clothes and he also became nude. Satyendra Singh put an automatic camera on cooler and started committing sexual intercourse with her and also took photographs of the above said sexual intercourse. He also took several nude photographs of her. He committed sexual intercourse with her about 5 to 6 times. She further stated that he gave a written paper and forced her to read the same. She read the aforesaid paper and her voice was got recorded by Satyendra Singh in a tape recorder. He took wine and also forced her to take wine. She further stated that at about 6.30 p.m. Satyendra Singh took her in the same car and dropped her at Dehri Bazar at about 7.00 p.m. and at the time of dropping her from the car, Satyendra Singh gave threatening not to disclose anything, otherwise, she would be killed. She did not disclose the aforesaid fact to any person, out of fear, but after drawing courage, she disclosed the aforesaid incident to her husband on the date of making her fardbeyan. Satyendra Singh, also, stated that the photographs would be viewed by him upon a colour T.V. Satyendra Singh had disclosed his name as Mahendra Verma at the time of making entry in the hotel register.

(3.) On the basis of aforesaid fardbeyan of P.W. 4, Dehri (Town) P.S. Case No. 243 of 1998 for the offences under Sections-376, 386, 419, 420 of the Indian Penal Code was registered and on the same day, formal FIR was drawn up for the above-said offences against the appellant. The formal FIR and fardbeyan of P.W. 4 were put up before learned Chief Judicial Magistrate, Sasaram on 28-07-1998.