BADRI CHOUDHARY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 24.4.2013/30.04.2013 passed by the learned Ad -hoc Additional Sessions Judge III, Jehanabad in Sessions Trial No. 15 of 2011 by which the appellant has been convicted under section 376 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for ten years and also to pay a fine of Rs. 10,000/ - and in default of payment of fine to undergo further rigorous imprisonment for one year.

(2.) THE prosecution case, as alleged in the F.I.R. by the informant Radha Kumari (P.W. 3) is that she had gone to meet the call of nature on 11.08.2010 at 9.00 P.M. from her house. While she was returning after meeting the call of nature, then appellant Badri Chaudhary caught hold of her and took her towards the bushes on the bank of river Sone. Further case is that when she made halla, he pressed her mouth and threatened to kill by knife and got her lay on the ground and thereafter un -tied her Salwar and got her naked and thereafter committed rape by having sexual intercourse. She wanted to make halla but the appellant pressed her mouth and continued the rape for about five minutes. Further case is that after committing rape, the appellant fled away towards the bamboo clump to the south of the place of occurrence. Thereafter she came to her house and disclosed the fact to her mother then her mother got her bathed and washed her clothes and thereafter she along with her mother (P.W. 2) and elder sister Lakshmi Kumari (P.W. 1) came to the police station and gave a written application with a prayer to take needful legal action. On the Fardbeyan, F.I.R. was lodged and the police investigated the case.

(3.) THE police after investigation submitted charge -sheet, cognizance was taken and after submission of charge -sheet and taking of cognizance, the case was committed to the court of Session and after commitment trial proceeded after framing of charge for the offence punishable under section 376 of the Indian Penal Code against the sole appellant.