BABAN PRASAD Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) This appeal arises out of the judgment and order dated 01.05.2010/10.05.2010 passed by Sri Kashi Nath Sharma, the learned Additional District & Sessions Judge, F.T.C.III, Siwan, in Sessions Trial No. 569 of 2007 by which the appellant has been convicted for offence under Sec. 376 of Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 2,000.00 and in default of payment of fine further undergo to simple imprisonment for six months.

(3.) The prosecution case as alleged in the First Information Report by the informant Rajpati Devi, the mother of the victim that on 21.09.2007 at about 19.00 hours, i.e., 7.00 P.M. her daughter Anuradha Kumari aged about 8 years had gone to Bazar to visit Mela. When her daughter did not return by 9.00 P.M., then she became anxious and came to Bazar in search of her daughter, Anuradha Kumari. She learnt that one Babban Prasad of her Mohalla, the appellant had given chocolate to Anuradha and took her towards river, when the informant went towards river for making out search of her daughter, then she saw her daughter Anuradha Kumari making cry and weeping by the side of the river and found the panty of her daughter besmeared with blood. She consoled Anuradha Kumari to stop crying and on enquiry, Anuradha Kumari disclosed that while she was roaming in Mela then Babban Prasad of the said Mohalla gave her chocolate after purchase and asked her to follow him to go. Thereafter, Babban Prasad, the appellant kept her hand and took her on the bank of river Saraia and there he pulled down her panty with one hand and gagged her mouth and by force did illicit intercourse and when she used to cry then assault her. After sometime, he left her and fled away. She was unable to get up and her panty was besmeared with blood. The occurrence took place on 21.09.2007 at about 19.00 hours but the mother reported to the police on 22.09.2007 at 18.50 hours at Police Station, the delay has been explained that her husband used to live outside and he had to contact her husband for coming to Police Station to record her statement before S.H.O. She claimed that Babban Prasad by giving her chocolate enticed to take her to bank of river and forcibly raped her. On her statement, F.I.R. lodged at 18.50 hours on 22.09.2007 and investigation proceeded.