RANJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant Ranjay Singh has been convicted by the trial Court under Section 376 of the Penal Code and sentenced to rigorous imprisonment for life and a fine of Rs. 30,000/-; on default in payment of fine he will undergo rigorous imprisonment for a, further period of three years. The amount of fine on realisation is to be given to the victim Indu Devi.

(2.) According to the prosecution, the victim was raped by two persons, one Anil Singh and the appellant Ranjay Singh. The police submitted charge-sheet against both the accused and consequently, both of them were put on trial but before the trial was over both the accused, who were on bail, absconded. The appellant was arrested and produced on the basis of the warrant of arrest issued by the Court. The case of the other absconding accused was then separated and the trial proceeded in regard to the appellant and in the end he was convicted and sentenced as noted above. Till the pronouncement of judgment in the case of the appellant, the other accused Anil Singh was at large and was not brought to book.

(3.) The prosecution case was instituted on the basis of the FIR lodged by the victim Indu Devi at Imamganj Police Station on 29.12.1994 at 2 in the afternoon. In the FIR she stated that early in the morning that day she had gone out in the direction of Dak Asthan for collecting cattle dung. Unable to find any dung she proceeded on the kutcha path goring from Nakti to Basewa and arrived at to Dak Than Tanr. There she plucked twigs and small branches of trees. By the time she had collected a bundle load, it was 7 o'clock in the morning and then she started back (for her home). At that time the two accused Anil Singh and Ranjay Singh came there and asked her where she lived. She replied that she lived in (village) Basewa and proceeded with the bundle on her head. Anil Singh caught both her hands and knocked down the bundle. He then threw her down on the ground and both the accused gagged her by thrusting a piece of cloth in her mouth and the appellant kept her mouth closed by pressing his hand against it. Thus rendering her defenceless first Anil Singh and after him the appellant Ranjay Singh committed rape on her. Before leaving her the accused held out the threat that she would be killed if she disclosed the incident to any one. She then came back to her house crying and looked for her husband and her mother-in-law. They had gone out somewhere. When they came back she told them about the occurrence and then all of them came to the police station to give her statement. In the conclusion she reiterated that the two accused had committed rape on her. The FIR was read over to her and finding it correctly recorded she put her thumb impression on it. Apart from the informant, two other witnesses also put their thumb impressions on the FIR.