FAGU LAL SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The sole-appellant has been convicted for an offence under Section-376 of the Indian Penal Code and sentenced to imprisonment for life by the Sessions Judge, Katihar in Sessions Case No.268 of 1990 by judgment of conviction and order of sentence dated 26.03.1991.

(2.) The prosecution case is based upon the first information report, which was lodged on 05.04.1990, by Sarbo Kumari (P.W.1), the prosecutrix before the Balarampur Police Station, District Katihar, inter alia, alleging therein that in the past month of 'Aghan' (November), while she was harvesting for the appellant, she was called in his house where the prosecutrix was allegedly raped. When she protested, the appellant is supposed to have promised to marry her. In this manner for several months they were together and, ultimately, she became pregnant. He kept on promising for marriage but when he did not marry her there was a panchayati in which he accepted being responsible for the pregnancy but did not marry her. On this written statement given by the prosecutrix herself, the present case was instituted and Anil Kumar (P.W.6), Officer-in-Charge of Balrampur Police Station himself took up investigation after registering the F.I.R. In course of investigation, the Investigating Officer was changed, as a consequence of transfer, and when the new Investigating Officer took charge he referred the prosecutrix for medical examination in which she was found to be 17-18 years old and carrying a pregnancy about 8 months and habituated to sex. On completion of investigation, charge-sheet was filed and upon cognizance being taken the case was committed to the Court of Sessions. The appellant having not pleaded guilty was tried and convicted as aforesaid. Hence, this appeal.

(3.) In order to establish the charge, the prosecution has examined altogether seven witnesses. The defence has examined one witness. The first information report is Ext.1. The formal F.I.R. registered is Ext.2 and the doctor's report, being report of Dr. Chandra Lekha Sharma (P.W.7), is Ext.3.