SITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) CRIMINAL Appeal (SJ) No.772 of 2013 wherein Sita Devi happens to be the appellant, Criminal Appeal (SJ) No. 749 of 2013 wherein Santosh Gami happens to be the appellant and Criminal Appeal (SJ) No. 753 of 2013 wherein Santosh Pandey happens to be appella nt commonly originate against the judgment of conviction dated 30.10.2013 sentence dated 02.11.2013 rendered by the First Additional Sessions Judge, Darbhanga in Sessions Trial No.261 of 2012 / 866 of 2012 convicting appellant Sita Devi for an offence puni shable under Section 366(A) / 120(B) read with 366(A) IPC and directed her to undergo R.I. for 7 years as well as fined Rs.2000/ - in default thereof to undergo R.I. for a year additionally. However, no separate sentence has been passed for an offence punishable under Section 366(A) / 120(B) of the IPC. Santosh Gami and Santosh Pandey has been held guilty for an offence punishable under Section 366(A) / 120(B) of the IPC and each of them has been directed to undergo R.I. for 5 years as well as fined Rs.2000/ - in default thereof to undergo R.I. for one year additionally, under Section 376 of the IPC whereunder each of them has been directed to undergo R.I. for 10 years as well as fined Rs.5000/ - in default thereof to undergo R.I. for two years with a further d irection to run the sentences concurrently, on account thereof have been heard analogously and are being disposed of by a common judgment.

(2.) KIRAN Kumari (PW -9) had made fardbeyan on 20.01.2012 at about 10:00 P.M. at DMCH, Laheriasarai disclosing therein that she happens to be a student of Class -VIII of State Middle School, Ladha. On 18.01.2012 at about 10:00 A.M. she had gone to her school from her village -Birne. On the same day at about 11:30 A.M., Sita Devi, wife of Late Sadanand Yadav of village -Bhapura, P.S. -Jale, District -Darbhanga as well as Anila Devi, wife of Umesh Mahto of village -Harpur, P.S. -Mabbi who happens to be her neighbour and on account thereof , is her sister and with whom there was talk relating to procurement of sewing machine since about a month ago, came at her school and pretended herself before the headmaster, Hirdaya Narayan to be her guardian and disclosed that as she (informant) has to receive sewing machine from Block and for that she has to go. She had further disclosed that they have taken consent of her mother. Thereafter, Sita and Anila accompanied her outside school and then Anila directed her to go along with Madam on tempo where she will provide machine and then thereafter she would return. Thereafter, Sita Devi took her to Mohammadpur Station where they have boarded in a train and came to Darbhanga Station. Sita Devi had contacted one person over mobile at Darbhanga Platform itself and disclosed "come hurriedly as has brought ,,Mal " Thereafter, one person came whom Sita Devi called Santosh who took her along with Sita Devi in a room belonging to Pawan. They sat in the room of Pawan Kumar where another person, namely, Santosh brought chicken and rice. Sita Devi and both Santosh took meal, drank wine and then Sita untied her string of her ,,Salwar over which she raised alarm attracting so many persons as well as police official who took them to G.R.P.S. After making query, they were detained and then on 19.01.2012, first of all both Santosh were let of and then 07:30 A.M. she along with Sita was released. Subsequently, Pawan was also released. Thereafter, Sita Devi again got her seated along with her in a bogie while she had directed the others to sit in another bogie of a train. At Mohammadpur Station, they all got down. She insisted that she should be sent to her village over which Sita Devi assaulted her and then took her to Darbhanga on tempo where they have gone to the clinic of Dr. Sajiya Noor located at Beta Chowk and then after gossiping with a nurse, she hired a room where both the Santosh along with she were forced to go. Sita Devi had administered seven tablets. Both the Santosh began to handle her badly which was protested by her. Sita Devi again assaulted. Both the Santosh committed rape whole night. In the morning of 20.01.2012 both Santosh gone. Thereafter, Sita Devi began to search rickshaw along with her but she could not found and on account thereof , they got in a tempo and proceeded towards bus stand. During midst thereof, she had directed the tempo driver to stop tempo near Bajrangbali Mandir where Sita Devi assaulted her over which she raised alarm attracting so -many persons including police where from she was taken to University P.S. and from there, she has been taken to DMCH for treatment.

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