BINOD SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenge in this appeal filed on behalf of the sole appellant is to the judgment of conviction dated 11.12.2006 and order of sentence dated 12.12.2006 passed by 1st Additional Sessions Judge, Madhepura in Sessions Case No. 199 of 2005 arising out of Chausa P.S. Case No. 23 of 2005. The Trial Court held him guilty under Sec. 376(2)(f) and sentenced to undergo rigorous imprisonment for life and also imposed fine of Rs. 25,000.00 in default thereof to undergo further rigorous imprisonment for two years.

(2.) Factual background of the case as unfolded at the trial is that on 1.5.2005 at about 8 O'clock in the morning, 10 years' old girl of the informant (P.W. 4) went to the maize field for keeping watch of the maize crop in the field. At about 10-10.30 a.m., the appellant, armed with dabiya, came and finding her alone under threat of assault, took her inside the crop of the field and raped her. The information of the occurrence was received by the witnesses. Thereafter the victim girl (P.W. 3) was brought to the house of her Nana Kailash Mandal (P.W.2). The Police received information of the occurrence and drew up a Sanha and proceeded to the village where the fardbeyan of P.W. 4 was recorded by Nand Kishore Singh, Sub-Inspector of Police, Phulaut O.P. on 1.5.2005 at 7 p.m. which set the criminal law in motion. The Investigating Officer recorded the statement of the victim girl (P.W.3), her mother (P.W. 4) and her Nana (P.W. 2). He seized the blood stained undergarment of the victim under a seizure memo and dispatched her the following day for medical examination. Upon conclusion of investigation, charge-sheet was led, which, on being committed, came to the file of the learned Trial Judge where charges were framed and explained to the appellant. He denied those charges and claimed trial. To further the prosecution version, as many as 7 witnesses were examined. Injury-cum-medical report of the victim prepared by P.W. 5 was proved as Ext.1. The R.T.I. of the informant on the fardbeyan was proved as Ext.2. The formal F.I.R. drawn thereupon was proved as Ext. 3. Upon conclusion of the evidence of the prosecution, the statement of the accused was recorded under Sec. 313 Crimial P.C., wherein he abjured the guilt. No oral evidence, however, was led on behalf of the accused. On a consideration of the materials brought on record, the learned Trial Court found and held the appellant guilty and sentenced as noticed hereinabove. Aggrieved thereby, the appellant has filed the present appeal.

(3.) Heard Mr. Animesh Kumar Mishra, the learned Amicus Curiae and Mr. Satya Narain Prasad, learned A.P.P. appearing for the State.