SARGUN KAPRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 09.04.1992 passed by Additional Sessions Judge, Banka in Sessions Trial No. 731 of 1990/490 of 1992 convicting and sentencing the sole appellant to undergo rigorous imprisonment for a period of seven years under Section 376 of Indian Penal Code (In short "IPC") and rigorous imprisonment for six months under Section 323 of IPC but ordering both the sentences to run concurrently.

(2.) The case of prosecution, in short, is that on 19.06.1990 at about 2 p.m., Babita Kumari (PW 6), the victim/informant had gone to attend call of nature to the field of one Mahendra Pandit (PW 2) and after easing out when she was tying up the waist band of her shalwar, the appellant caught hold of her from behind and when she raised alarm, he threw her and pressed her mouth, made her naked and started committing rape on her. When victim/informant protested, appellant asked her to keep quiet otherwise she would be killed and he forcibly committed rape on her. Even thereafter, victim/informant started raising hulla but the appellant again pressed her mouth, gave her threatening and on her further protest, assaulted her with fist on her nose and face causing bleeding injuries on her nose. On her further protest, appellant pressed her neck causing swelling on her neck and went on committing rape on her. On the hulla raised by victim when Deep Narain Singh (PW 7) and Sushil Pandit (PW 3) came running there, appellant started fleeing away. Thereafter, villagers brought the victim/informant to her house and informant heard that some villagers had chased the appellant and in process of catching hold of him, appellant received some injuries. The fardbeyan (Exhibit-3) of victim/ informant was recorded by police on 19.06.1990 at 7.35 p.m. at Sub-divisional Hospital, Banka where she was taken for treatment. On the basis of fardbeyan of informant, a formal First Information Report (Exhibit-3/1) under Section 376 of IPC against appellant was drawn. Subsequently Section 307 of IPC, was also added to it. After investigation, police submitted charge- sheet under Sections 376 and 307 of IPC against the appellant and the case was committed to the Court of Session where cognizance of the case was taken. Charges under Sections 376. and 323 of IPC were framed against the appellant and after trial, appellant was found guilty for both the aforesaid offences and he was convicted and sentenced, as indicated above.

(3.) The case of appellant before Court below, as it appears from the trend of cross-examination of prosecution witnesses, is of complete innocence and his false implication on account of his land dispute with the father of victim. No witness was examined on his behalf.