KARAN @ BANTI KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD . This appeal is directed against the judgment of conviction and order of sentence dated 22. 07. 2010 passed by Shri Himanshu Shekhar Pandey, Additional Sessions Judge, Sheikhpura, in Sessions Trial No. 56 of 2010/T.R. No. 6 of 2010 by which the appellant has been convicted under Section 376 of Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and fine of Rs. 3,000/ - and in default of fine the appellant further sentenced to undergo rigorous imprisonment for one year.

(2.) THE prosecution case as alleged in the First Information Report, the victim is a Class VIth student aged about 15 years. She had gone to Barbigha Hospital for treatment along with her younger brother. While coming out from hospital, a boy came with vehicle and parked it in front of her and after closing her mouth he picked her up in his vehicle. Thereafter, he took her inside his room and after confining her committed rape upon her. He committed rape with her over night. After rape, in the morning on next day she was taken by him to Hatiya More and asked a rickshaw puller to take her to More of Chadu Kuan and from there she reached at her village and disclosed about the occurrence to her parents. Thereafter, her parents took her to the police station to record First Information Report. On the basis of First Information Report by the Prosecutrix F.I.R. lodged and investigation proceeded. The police after investigation and medical examination of the victim, inspected the P.O. and subsequently submitted charge sheet, on the basis of which cognizance was taken, case was committed to the Court of Sessions and after framing of the charge, trial proceeded.

(3.) THE defence of the accused that on the date and time of occurrence, the appellant was not present at the place of occurrence rather he had gone out to Patna, i.e. taken the plea of Alibi but the said plea of Alibi has not been proved nor any evidence adduced. The trial court taking into consideration the evidence adduced on behalf of the prosecution and defence set up by accused, convicted the appellant holding that prosecution has succeeded to the establish the prosecution case beyond reasonable doubt.