HARISHCHANDRA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 19.4.2003 and 21.4.2003 passed by Sri Raghubar Sharma, 5th Addl. Sessions Judge, East Champaran Motihari in S. Tr. No. 622 of 2001/75 of 2003 under which he has convicted the appellants Harishchandra Sah and Jogindra Sah under Section 376/34 of the Indian Penal Code and has sentenced them to undergo R.I. for seven years.

(2.) The prosecution case is that the prosecutrix is a widow having four children. Her husband died about three years prior to the occurrence. The appellants are distant pattidars of her husband. They had an evil eye on the prosecutrix since the death of her husband. They wanted to keep her as their concubine to which she was not ready. They were, hence, always in search of opportunity when they could find her in a lonely place and outrage her modesty. On 18.9.2000 at about 7.30 to 8.00 p.m. the prosecutrix was going to ease herself at Khajurwani of one Kuldeep Sah, South of her house and when she was 100 yards North of grooves both the appellants reached there and took her to the grooves land forcibly committed rape on her one by one by gagging her mouth and after satisfying their lust they threatened that if she spoke about the incident to anybody she would be finished and then they fled away towards their houses. The prosecutrix then raised alarm. Some witnesses came and saw the appellants fleeing from the grooves. The prosecutrix had developed pain in her abdomen. So, thereafter she went to the local doctor and narrated him about the incident. The doctor treated her and gave certificate of rape and injury in presence of her Nanad Mairkhuniya Devi. The further case of the prosecution is that the villagers asked her not to institute any case and assured that they would punish the appellantsthrough Panchayati. The villagers also called Panchayati a number of times but the appellants did not attend the Panchayati. So, she went to the police station but there the case was not registered and she was directed to file complaint in Court. Hence, she filed a complaint regarding the occurrence before the Chief judicial Magistrate, Motihari on 30.9.2000.

(3.) The complaint was then forwarded to Chakiya P.S. for registration of the case and for investigation and then the police registered the case and after investigation submitted charge sheet against the appellants.