FUCHIA MANJHI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE convict -appellant has preferred this appeal against the judgment of conviction and sentence dated 25.2.1992 passed by the learned Additional Sessions Judge, Banka, in Sessions Case No. 611 of 1990/Tr. No. 440 of 1992 by which the appellant has been convicted and sentenced to undergo imprisonment for life under Section 376 of the Indian Penal Code (hereinafter referred to as "I.P.C.")

(2.) THE prosecution case, in brief, is that in the night of 8/9th September, 1988 the prosecutrix was sleeping on the verandah of her house. Her mother -in -law, namely, Yasoda Devi (P.W. 6) and brother -in -law, namely, Suresh Paswan (P.W. 4) aged about ten years were also sleeping there. All of a sudden, she heard the sound of stomping. She woke up and saw that three persons were coming towards her flashing torch light. She moved from her cot and rushed to the cot of her mother -in -law (P.W. 6). In the meantime, three persons caught hold of her and took her to her own cot and thrashed her on the cot at the point of pistol and asked her to keep quite failing which she would be killed. She tried to move but two persons caught hold of her. She identified them in the flash of torch light and of their voice as Fuchia Manjhi (appellant), Ashok Paswan and Bhairo Paswan. Fuchia Manjhi (appellant) removed her lower garment and committed rape upon her and Ashok Paswan was catching hold of her one hand and closed her mouth. Thereafter, Ashok Paswan committed rape upon her and Fuchia Manjhi caught hold of her. Thereafter, Bhairo Paswan, who was threatening her mother -in -law at the point of pistol and had overpowered her, came to her (prosecutrix) and he also committed rape upon her and Fuchia (appellant) continued to catch hold of her. Later on, they moved from there giving threatening not to complain about the occurrence to any one, failing which the prosecutrix and the members of her family would be killed. It has further been alleged that two persons were also standing in the courtyard who could not be identified.

(3.) THE defence of the appellant is that he (Fuchia Manjhi) was notorious and therefore the members of the paswan community, to get rid of him, had falsely implicated him in this case.