PAWANKUMARMANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) -Pawan Kumar Mandal alias Pawan Mandal, the appellant, stands convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years. He has also been sentenced to undergo imprisonment for one year under Section 142 of the Indian Penal Code. His sentences have been ordered to run concurrently. Feeling aggrieved, he has preferred this appeal.

(2.) Prosecutrix Kalpana Kumar P W. 1 is the daughter of Phoolo Devi, P. W. 3 and the letter's daughter-in-law is Kavita Devi, P. W. 2 Nou Kumar, P W 5 is the brother, and Gangadbar P W. 4, cousin of P. W. 1 Girish Bhawti P. W. 7 is the prosecutrix's father All these P. Ws. and Mukhia Bhavesh Chandra Mandal P W 6 are residents of Khagra, district-Sahebganj, to which village the appellant also belongs.

(3.) The prosecution version, in brief, is that on 26 4.1990, P W. 1 had taken her cattle for grazing quite at some distance from the abadi of her village. There are situated fields of the appellant there, and he was working in his those fields. At about 3. 00 P. M., when P. W 1 had come to the rivulet to drink water, the appellant had interpreted her. After giving promise of marrying, the appellant had brought P.W.1 to the neighbouring village Shosha Joli in the house of Anil Murmu, now dead. In that house, the appellant had committed rape upon P W. 1. While parting company of P. W. 1 after locking her inside the house, the appellant had promised her about his return in the evening The appellant had arrived at that house at about 7 00 P. M. and thereafter had again committed rape upon P W. 1. Subsequent thereto the appellant and P. W.1 and left village Shosha Joli for their own village. The appellant had parted company of P. W. 1 in the way She had arrived at her house at about 9. 00 P M., and found that her family members had been searching for her She had told them about the crime committed upon her by the appellant. The matter was reported to Mukhia (P. W. 6) and he advised P W. 7 to take his daughter P. W. 1 to the Police Station. On 27.4 90 at about 11 00 A M. P. W. 1 arrived in police station Maheshpur alongwith many villagers, and lodged her FIR Ext. 1 Investigations were carried out, and after completion of the same, the appellant was charge-sheeted.