MANTU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction and order of sentence dtd. 31/7/2012 and 7/8/2012 respectively passed by learned Additional Sessions Judge-Ist, in Sessions Trial No. 49 of 2011/ Tr. No. 5 of 2011, arising out of Baunsi P.S. Case No. 102 of 2010, whereby the sole Appellant has been acquitted of charge under Sec. 3(1)(x) of the SC and ST Act, but convicted under Sec. 376 I.P.C. and sentenced to undergo imprisonment for life.

(2.) The prosecution case as emerging from the fardbeyan of the victim/informant as recorded by S.I. Chandeshwari Prasad Yadav, S.H.O. of Baunsi Police Station on 13/6/2010 at 14:15 hours at Baunsi Police Station is that one day ago, i.e. on 12/6/2010 at about 11:00 AM, the victim/informant had taken her cow to a pond situated about half kilometer to east of her village where co-villager Mantu Yadav, who is appellant herein, already had brought his cow at the pond for drinking water. Seeing the victim alone, the appellant came near her and forcibly tried to commit rape upon her which was resisted by the victim. But thereafter, the appellant put her down forcibly on the ground and gagged her by pressing her mouth and committed rape upon her after lifting her petticoat. Whenever she tried to raise voice, he used to press her mouth and beat her. He committed rape upon her about half an hour and thereafter, he threatened her not to disclose the occurrence to anybody otherwise, she was threatened to be killed. Being fearful, she did not utter any word. After the occurrence, she went to the family members of the appellant by walking slowly and complained to them, but they did not listen to her. Her husband was not at his home and that is why, she could not go to Police Station yesterday.

(3.) On the basis of the fardbeyan, Baunsi P.S. Case No. 102 of 2010 was registered on 13/6/2010 against the appellant under Sec. 376 of the Indian Penal Code.