SADHU MUSAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 21.6.2002 passed by Additional Sessions Judge, Fast Track Court No. 3, West Champaran at Bettiah in Sessions Trial No. 81 of 1991. Both appellants have been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 3,000/- each and in default to undergo rigorous imprisonment for one year. Appellant Sadhu Musahar has also been convicted and sentenced to undergo S.I. for one year under Section 341, IPC and R.I. for one year under Section 323, IPC. All the sentences have been directed to run concurrently

(2.) Prosecution case, in brief, is that on 9.1.1990 at 7.00 p.m. the informant who is prosecutrix, Vidya Devi (PW 2) had gone to fetch water from well situated in the village, while she was returning after fetching water and reached near the house of accused appellants, appellant Sadhu Musahar all a sudden caught her from behind lifted her and brought her in his house. Appellant Sadhu Musahar called his brother appellant Sampat Musahar and thereafter they lied her on the floor. Appellant Sampat Musahar caught her both hand and appellant Sadhu Musahar after assaulting her on chest with his knee committed rape upon her. Thereafter she returned weeping to her house. After sometime her husband Ram Chandra Paswan (PW 3) returned and then he (PW 3) disclosed that on hearing her cry he went to Sheela Singh and complained against the appellants but he did not listen.

(3.) On that very night due to delay they did not go to police station. Next morning, Sheela Singh and Munishi Kharaglal came to them and assured to settle the matter through panchayat but no justice was done in panchayati and thereafter, on 12.1.1990 the victim and her husband came to Goverdhana PS. where the police registered the case against the appellants on fardbeyan lodged by the prosecutrix Vidya Devi.