KESHWAR BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The above stated sole appellant has been convicted under Sections 376 and 366 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years under Section 376 of the Indian Penal Code and to undergo rigorous imprisonment for three years for the offence punishable under Section 366 of the Indian Penal Code by the learned Sessions Judge, Gopalganj vide impugned judgment of conviction and sentence order dated 16.12.2000 passed in Sessions Trial No. 148 of 1998 and accordingly, the appellant filed the instant criminal appeal.

(2.) In brief, the prosecution case, is that P.W.2, Gulabi Nesha filed complaint case bearing Complaint Case No. 913 of 1997 against the appellant and one Arjun Bhagat on 09.07.1997 before the court of Chief Judicial Magistrate, Gopalganj stating therein that on 25.06.1997, she along with her mother (P.W.1) was sitting at the door of her house. The appellant who happens to be resident of her in laws' house, Saheb Chapra came at her natal place and told that her husband (P.W.3) was seriously ill and there was no any person to look after him and after getting the aforesaid information, P.W.2 left her natal place along with the appellant and when she reached near a bridge of canal near siswani of one Ramadhar Singh, appellant caught hold her and committed rape on her at the point of dagger. She further stated that appellant also threatened to kill her and appellant brought her to the gumti of Arjun Bhagat and bolted the aforesaid gumti from inside and after that appellant and aforesaid Arjun Bhagat committed rape with her in the night. Further she stated that in the morning, the appellant took her to Madipur at the point of dagger and got boarded her in a bus. She was taken by the appellant to unknown place. She further stated that appellant kept her at different unknown places and raped her while she was pregnant at that time. She further stated that on 08.07.1997, the appellant forcibly took her to Mirganj by bus and when the bus reached at Meerganj, she saw her husband in Meerganj market and started crying. Her husband came near the bus but appellant managed to escape from there. She narrated the entire story to her husband as well as witnesses.

(3.) The aforesaid complaint petition was sent to concerned police station for institution of the first information report and investigation and accordingly, Uchakagaon P.S. Case No. 94 of 1997 under Sections 363, 366 and 376 of the Indian Penal Code was registered against the appellant and one Arjun Bhagat on 19.07.1997.