RAMA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has preferred this appeal against the judgment dated 25.9.2002 and order dated 30.9.2002 passed by 3rd Additional Sessions Judge, Gopalganj in Sessions Trial No. 174 of 2000/11 of 2000. The sole appellant has been convicted under Sections 376, 313/109, 315/109 and 201/109 IPC, and has been sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 2,000/- under Section 376 IPC, R.I. for ten years and fine of Rs. 1,000/- under Section 313/109 IPC, R.I. for ten years and fine of Rs. 1,000/- under Section 315/109, IPC, and R.I. for three years and to pay fine of Rs. 1.000/- under Section 201/109, IPC. In default to pay fine he has further been sentenced to undergo S.I. for one month on each count. However, all the sentences have been directed to run concurrently.

(2.) One day at 11.00 a.m. in the beginning of year 2000 while the informant Kunti Kumari, PW 3 who is also victim was alone in her house and her parents had gone outside in connection with their work, the accused appellant Rama Singh entered in the house and on point of dagger forcibly committed rape upon her after removing her garments. He forbade her not to disclose about the incident to her parents otherwise she would be killed and her house would also be destroyed. Thereafter, he regularly used to visit informant's house and commit rape upon her in absence of her parents till she became pregnant.

(3.) Further case of the prosecution is that one day i.e. about five days before registration of case i.e. on 17.6.2000 the accused appellant came to the house of the informant and in absence of her parents he forcibly brought her in a jeep to the clinic of Dr. Subhash Tiwary at Barahia for abortion where she was administered and injected medicine as a result of which she became unconscious. When she regained 'hosh' after sometime she found herself in pool of blood. She also found a piece of flesh there which was later on flashed out by the doctor. She remained there for two days alongwith her mother and accused appellant Rama Singh. Thereafter, accused appellant brought them back and dropped them at Mohammadpur Chowk and fled away.