RAMESH CHOUDHARY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal (SJ) No. 1019/2010 wherein Ramesh Choudhary is the appellant and Cr. Appeal (SJ) No. 1099/2010 wherein Basmati Devi @ Dana Devi is the appellant commonly originate against the judgment of conviction and sentence on account of which, there has been analogous hearing of both the appeals and are being disposed of by a common judgment.

(2.) Appellant, Ramesh Choudhary has been found guilty for an offence punishable under Sec. 376 Penal Code and sentenced Patna High Court to undergo RI for eight years along with fine of Rs. 10,000.00 in default thereof, to undergo imprisonment of a year additionally while appellant, Basmati Devi @ Dana Devi has been found guilty for an offence punishable under Sections 376/109 of the Penal Code and has been directed to undergo RI for seven years vide judgment of conviction dated 31.08.2010 and sentence dated 03.09.2010 passed by Additional Sessions Judge-FTC-1 st, Samastipur in Sessions Trial No. 755/2004 which has been challenged separately as referred above by the respective appellants.

(3.) The prosecution case, in a nut shell, as is evident from written report (Ext-1) submitted by Kusheshwar Mahto (PW 6) filed on 02.05.1997 alleging inter alia that on 23.04.1997 at about 11:00 a.m. while his daughter Krishna Devi had gone to scrap grasses from his maize field lying east to his house and was to return, Most. Basmati Devi came and took away his daughter towards litchi orchard which belonged to Ramesh Choudhary where she gagged her mouth. Ramesh Choudhary, who was hidden there since before, came out and committed rape upon his daughter. The aforesaid occurrence has been reported to Jagdish Pathak, Mukhiya, who convinced him to convene a Panchayati, however, did not call the same, and on account thereof, instant prosecution has been filed.