RAJENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Cr. Appeal has been preferred by the above-named sole appellant against the judgment of conviction dated 24-01-2001 and order of sentence dated 25-01-2001 passed by learned Additional Sessions Judge-Ist, Bhagalpur in Sessions Trial No. 202 of 1985 by which and whereunder, he found the appellant guilty for the offence punishable under Section-376 of the Indian Penal Code and, accordingly, sentenced him to undergo rigorous imprisonment for ten years.

(2.) The brief fact, giving rise to file this appeal, is that P.W. 7, namely, Sridhar Sah gave a written report to Officer-in-charge of Rajoun, Bhagalpur Police Station on 01-05-1984 stating therein that on 28-04- 1984 at about 12.00 at noon, his daughter (P.W. 5) had gone on the bank of canal, situated east to his village, for collecting cow dung. The appellant was grazing his she-buffalo there from before and he committed rape upon his daughter. His daughter returned to her home weeping and at that time, he was not present in his house but when in the evening, he returned to his home, he came to know about the above said incident and after that, he along with his daughter was going to police station but Ganeshi Yadav stopped him and gave threatening to kill him, if, he dared to go to the police station. He further stated in his written report that later on, having got opportunity, he went to police station and gave the abovesaid written report. He also stated in his written report that the age of his daughter was 12 years at the time of alleged occurrence and the clothes of her daughter, was smeared with blood and her cloth was also turn. He gave the name of Jyotish Yadav, Keshori Das, Satish Das, Sudgeo Das, Surendra Jha, Sahdeo Jha, who had seen his daughter.

(3.) On the basis of aforesaid written report, Rajoun P.S. Case No. 60 of 1984 under Section-376 of the Indian Penal Code was registered on 01-05-1984 and on the same day, formal FIR was drawn up against the appellant for the offence under Section-376 of the Indian Penal Code. The FIR and written report was dispatched to the concerned Magistrate on 02-05-1984 and the same were put up before the Additional Chief Judicial Magistrate on 03-05-1984.