NATHUNI PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15-2-2003 and order dated 17-2-2003 passed by Additional Sessions Judge-I, Muzaffarpur in Sessions Trial No. 488 of 2001 convicting and sentencing the appellant to undergo rigorous imprisonment for eight years under Sections 376/511 of Indian Penal Code (in short "IPC") and to pay a fine of Rs. 1,000.00 and in default to undergo rigorous imprisonment for a further period of one month.

(2.) The case of prosecution in short is that on 3-4-2001, victim Baby Kumari (P.W. 4) aged about ten years then was sleeping with her father Jang Bahadur Thakur (not examined) in the Dalan of her house. At about 4 O'clock in the morning, appellant went there and lifted Baby Kumari and took her in a wheat field situate at a distance of about two hundred yards from her house and committed rape on her. On hulla raised by Baby Kumari, a number of villagers ran towards the place of occurrence and they caught hold of appellant and locked him in a house. Blood was found oozing from the private part of Baby Kumari who was badly injured and she was taken to Sadar Hospital, Muzaffarpur but the doctor on duty did not admit her and she then was taken to Police Station where her uncle Satrughan Thakur (P.W. 5) got his Fard-e-bayan recorded. A case under Section 376 of IPC was registered and police after investigation submitted charge-sheet under Section 376 of IPC against the appellant. Cognizance of the case was taken, case was committed to the Court of Session and charge under Section 376 of IPC was framed against the appellant and after trial, appellant was found guilty under Sections 376/511 of IPC and was convicted and sentenced, as indicated above.

(3.) The case of appellant was denial of charge against him and his false implication in this case on account of enmity. One witness was examined on behalf of appellant.