KARELAL PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard. This appeal is directed against the judgment of conviction and order of sentence dated 13. 09. 2011 passed by Shri Nagendra Prasad Tripathi, Additional Sessions Judge, F.T.C.I, Purnea in Sessions Trial No. 309 of 2009/100 of 2010 by which the appellant has been convicted for offence under Sec. 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years along with fine of Rs. 5,000.00 and in default of payment of fine further sentenced simple imprisonment for six months.

(2.) The prosecution case as alleged in the written report by the informant Nirbudhia Devi that on 07.02.2009, her daughter, namely, Kiran Kumari, aged about 9 years had gone for grazing she-goat to Diyara, Bahiyar. At about 3 P.M. her daughter, Kiran Kumari came in her Angan on weeping and limping then she saw blood oozing out from her paint and blood was also found in the thigh and is limping on which he enquired about weeping then she disclosed that Kare Lal Paswan asked her to pluck maize leaf then she want to pluck leaf of maize plant in the filed of Satya Narayan Singh at Bahiyar, Kare Lal Paswan was also followed her and caught her in the maize field and untie her pant she make cry then Kare Lal Paswan assaulted on her abdomen and closed her mouth by putting Gamchi thereafter raped her after untie her pant by which blood started oozing out from her private part and pant was besmear with blood. Thereafter, informant also untie pant of her daughter and saw blood oozing out from her private part. At that time husband of the informant was not present in the house and when her husband came to house then she along with her husband brought her daughter to the police station and filed written report. On the said written report and endorsement marked by S.H.O. for instituting a case for offence under Sec. 376 I.P.C. F.I.R. lodged on 07. 02. 2009 itself. After lodging the F.I.R., investigation proceeded and during investigation the victim was examined by Medical Officer and subsequently her statement was also recorded under Sec. 164 Crimial P.C. and police after investigation submitted charge sheet, cognizance was taken and case committed to the court of sessions. The trial proceeded and during trial nine witnesses were examined by the prosecution as P.W. 1 Ram Narayan Sah, P.W.2 Vinod Kumar, P.W. 3 Rajesh Paswan, the brother of the victim, Kiran Kumari, P.W. 4. Kapildeo Paswan, father of the victim, P.W.5 Nirbudhia Devi, the mother of the victim, P.W. 6 Kiran Kumari, the victim, P.W. 7 Dr. Punam Prabha who examined the victim medically, P.W. 8 Surendra Prasad Singh, is I.O. and P.W. 9 Umesh Paswan, Advocate Clerk, who has formally proved the report of Dr. U.P. Pandey. Prosecution has also produced documentary evidence. Out of whom Exhibit- 1 is signature of Binod Kumar in the statement recorded under Sec. 164 of Crimial P.C., Exhibit-2 signature of the father of the alleged victim on the written report, Exhibit-2/1 is hand writing and signature of S.H.O. of Rupauli P.S., S.N.B.N. Singh regarding endorsement of First Information Report, Exhibit- 3 is Medical report of Kiran Kumarik, Exhibit-4 is Formal F.I.R. and Exhibit-5 is injury report issued by Dr. U. P. Pandey.

(3.) The trial court taking into consideration the evidence of witnesses convicted the appellant that all the witnesses have fully supported the prosecution case except P.W. 1 and 9, the age of the victim at the time of occurrence she was found to be ten years and she was minor at the time of occurrence and have fully supported the prosecution case.