SANJAY KHATIK Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dtd. 24/3/2014 and order of sentence dtd. 28/3/2014 passed by the Ad hoc Additional Sessions Judge-I, Bhabhua, Kaimur in Sessions Trial No. 301 of 2012/2512 of 2014, whereby and whereunder the appellant has been convicted for the offence punishable under Sec. 376 (2) and Sec. 307/34 of the Indian Penal Code. He has been sentenced to undergo life imprisonment with fine of Rs.20,000.00 for the offence under Sec. 376(2) of the Indian Penal Code and to undergo rigorous imprisonment for twelve years with fine of Rs.20,000.00 for the offence under Sec. 307/34 of the Indian Penal Code.

(2.) The prosecution case, in brief, is that on 28/4/2012 at 3.00 pm. the fardbeyan (Exhibit-3) of the informant (P.W. 2) was recorded at Camp Village, Chanda by S.I. Ram Rahan Singh (P.W. 6) alleging therein that his Sasural is in Village-Chanda where he is living with his children after constructing hut. On 27/4/2012 at 9.00 pm when he slept along with his wife outside his house and his son and daughter were sleeping on the floor in courtyard of the house, his neighbour Sanjay Khatik @ Manju Khatik aged about 32 years entered inside the house and took away his daughter aged about 8 years with bad intention in his lap and took her to field situated in North Eastern side of the Village belonging to Late Mangal Sah where Anil Khatik was also present. After reaching there his daughter was thrown on the floor thereupon the girl woke up and tried to cry but Sanjay Khatik @ Manju Khatik after assaulting her put her under threat and after opening her underwear committed rape due to which the private part of her daughter was torn and bleeding started. When the girl started crying then Sanjay Khatik @ Manju Khatik put towel in her mouth and Anil Khatik also tried to commit rape upon her and to kill his daughter by putting towel in the neck. The mark of the tied towel is also present in the neck. The informant further claimed that in the night at 3.00 am. he awoke for urinating then he found his daughter missing, thereupon he informed his wife and in the course of search his daughter was found in unconscious condition in the field of Late Mangal Sah. Thereupon he brought his daughter at his house. When the victim girl regained consciousness then on inquiry she informed that Sanjay Khatik @ Manju Khatik and Anil Khatik have committed the offence. The informant claimed that his daughter has been raped by Sanjay Khatik @ Manju Khatik and Anil Khatik and tried to kill her by tying towel in her neck. On the basis of this fardbeyan formal first information report being Chand P.S. Case No. 26 of 2012 (Exhibit-4) was instituted against the appellant and Anil Khatik.

(3.) The victim's name has been concealed in the present judgment and she has been referred to as the victim for maintaining privacy of her identity to protect her dignity.