KRISHNA CHANDRA MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal (DB) No. 276 of 1990 wherein Krishna Chandra Mandal is appellant and Cr. Appeal (DB) No. 311 of 1990 wherein Sashi Chandra Das @ Bhaglu happens to be appellant, commonly originate against the judgment dated 27.06.1990 passed by Sessions Judge, Katihar in Sessions Case No. 274 of 1989 whereby and whereunder both the appellants have been found guilty for an offence punishable under Sec. 376 of the Penal Code and have been directed to undergo R.I. for life.

(2.) PW-4 (name withheld) gave Fardbeyan (Ext-1) on 28.03.1989 at about 11.00 a.m. alleging inter alia that on account of being orphan, she was taken care of by her cousin sister (phuperi) and accordingly, was residing at the Sasural of cousin sister at village, Kushiyari giving domestic assistance. It has further been alleged that as soon as she reached at the age of puberty, she was sexually exploited by brother-in-law, Krishna Chandra Mandal (appellant) and this process continued for months together on account of which she became pregnant. Then thereafter, she divulged the event to her cousin sister who firstly chided her and then said that her brother-in-law will manage the affair. In the aforesaid background, one Chinta Devi, Nurse had visited her place. His brother-in-law had assured her that he would marry with her. Then thereafter, the villagers came to know about the affair followed with a Panchayti and as the villagers did not accede with the abortion, therefore, police was informed.

(3.) On the basis of the aforesaid Fardbeyan, Pranpur PS. Case No. 25/1989 was registered under Sec. 376 of the IPC, investigation commenced and during course of investigation Krishna Chandra Mandal (appellant) along with informant were taken into custody. Krishna Chandra Mandal (appellant) was sent to judicial custody while on account of minority, the victim was sent to Remand Home and while staying there, her statement under Sec. 164 Crimial P.C. was recorded and on the basis thereof Shashi Chandra Das @ Bhaglu was also arrayed as an accused leading to submission of charge-sheet against both of them consequent thereupon faced the trial and met with ultimate result which has been challenged under instant appeals.