SHAHID ALIAS CHHOTTU Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Md. Shahid @ Chhotu has found guilty for the offence u/s 376 I.P.C, and has been sentenced to undergo rigorous imprisonment for ten years. On 11.3.1997 in the evening the victim Farzana @ Rozi (P.W. 6) aged about eight years was playing alongwith some other children on street situated near her house. In the meantime, the accused appellant who is a co-villager came, forcibly lifted the girl, gagged her mouth, brought her in a dilapidated abundant house situated nearby, threw her on the ground, committed rape upon her and thereafter, fled away leaving the girl alone in the house. As a result of rape the victim began to bleed from her private part and she also developed pain in her stomach. She anyhow managed to return to her house at about 8 P.M. and fell down on varandah with pool of blood. On enquiry by her mother, Rehana Khatoon P.W. 8, who is informant, she narrated the entire occurrence and told that the accused appellant Md. Shahid @ Chhotu committed rape upon her after gagging her mouth.

(2.) In the same night, the informant brought the victim alongwith blood stained clothes to Phulwarisharif Police Station where on the statement of the informant (Ext. 3) the police registered case against the accused appellant. The police S.I. Chandeshwar Prasad Singh (P.W. 7) took up investigation, seized blood stained clothes and sent the victim girl Farzana to P.M.C.H. for medical examination. Thereafter, he visited P.O., recorded statement of victim and other witnesses and sent the blood stained clothes to Forensic Science Laboratory for examination. After receipt of medical report and report of Forensic Science the police submitted chargesheet against the accused appellant.

(3.) In course of the trial, the prosecution examined as many as eight witnesses out of whom P.W. 8 Rehana Khatoon is the informant and mother of the prosecutrix Farzana. P.W. 6 Farzana is the victim herself and P.W. 7 Chandeshwar Prasad Singh is the I.O. of the case. Other witnesses are P.W. 1, Md. Equbal, PW. 2 Md. Kamal, P.W 3, Md. Shamim, P.W. 4 Md. Sharfuddin and P.W. 5 Md. Zafiruddin.