RAMDENI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Ramdeni Ram who has been found guilty for an offence punishable under Section 376 I.P.C. vide judgment of conviction dated 06.09.2010 and sentenced to undergo R.I. for ten years vide order of sentence dated 07.09.2010 rendered by the First Additional Sessions Judge, Gopalganj in Sessions Trial No.458 of 2009 has preferred instant appeal in order to challenge the same.

(2.) PW.1, Sangita Devi filed written report on 01.05.2009 at about 11:30 AM disclosing therein that her scrap shop runs under tenancy of Munilal Prasad adjacent to Jadopur P.S. wherein she resides with her family. On 30.04.2009 at about 07:00 PM while she was sitting at her shop along with her children, Ramdeni Ram, who happens to be resident of adjacent mohalla, lifted her daughter Babita Kumari, aged about four years and began to play with her and then took her away on the pretext of providing sweets. She could not understand at that very moment therefore, she got herself engaged in domestic work. When her daughter did not return even after two hours then, she called her husband and disclosed the event. They gone in search of her daughter and during course thereof, they heard cry of her daughter whereupon they rushed towards the direction and found Ramdeni Ram fleeing therefrom. Her daughter was lying in a field adjacent to brick-kiln and was weeping. When they gone near her, she found her daughter naked. There was bleeding. She lifted her daughter. They tried to apprehended accused but he succeeded in his escape. They made search of the accused whole night but failed and then, filed instant case.

(3.) On the basis of the aforesaid written report, Jadopur P.S. Case No.18 of 2009 was registered and investigation was taken up during course of which, the victim was medically examined, statement of witnesses were recorded and after completing the same, charge sheet was submitted facilitating trial which ultimately concluded in conviction and sentence, subject matter of instant appeal.