RAVI SHANKAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT , Ravi Shankar Yadav, who has been found guilty for an offence punishable under Section 366 IPC and sentenced to undergo RI for five years, under Section 376 IPC and sentenced RI for seven years with a further direction to run the sentences concurrently vide judgment of conviction dated 03.08.2013 and sentence dated 05.08.2013 passed by Additional Sessions Judge, 3rd East Champaran at Motihari in Sessions Trial No. 30 of 2013 has preferred instant appeal.

(2.) DEVANTI Devi (PW -16) filed complaint petition bearing no. 2785/2011 on 25.11.2011 alleging inter alia that on 15.11.2011, she along with her mother -in -law, Panapati Devi proceeded from her Sasural along with her daughter aged about 1 1/2 years to Motihari for her treatment. As the evening had fallen, therefore, in stead of returning back to her Sasural, she along with her mother -in -law proceeded to her Naihar lying at village, Harian Chapra. As soon as, she reached near bridge located at her Naihar, Ravi Shankar Yadav along with two other unknown persons came in a car and on the point of pistol, took her away along with her daughter forcibly and carried her to a line hotel ahead Chakia where she was kept in the hotel for whole night and was raped. On the following morning, she was taken to Patna where she was confined in a room for four consecutive days where she was again ravished. After four days, again she was brought to Narainpur near Kotwa where she was kept for three days and was ravished during aforesaid period. The accused had also threatened her not to raise alarm. In the night of 23.11.2011 appellant along with four unknown persons carried her on motorcycle from Narainpur and left at Shankar Saraiya Bazar wherefrom she had gone to her Sasural and disclosed the whole event to her family members. Thereafter, she along with her husband came to Mufassil P.S. and disclosed regarding occurrence but the police not only failed to register the case but also to get her medically examined.

(3.) THE defence case as is evident from mode of cross -examination as well as from statement recorded under Section 313 of the Cr.P.C. is of complete denial of the occurrence. However, neither any DW nor any sort of exhibit has been made on behalf of defence.