MANTUN SAH Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) The appellant has been convicted under Ss. 376 and 452 of the Penal Code and sentenced to undergo rigorous imprisonment for four years for offence under Sec. 452 of the Penal Code and a fine of Rs. 3,000/ - and in case of default in payment of fine to serve further rigorous imprisonment for three months. The appellant has, further, been sentenced to undergo rigorous imprisonment for ten years for offence under Sec. 376 of the Penal Code with a fine of Rs. 40,000/ - and in case of non -payment of fine to serve, further, rigorous imprisonment for ten years.

(3.) The prosecution case, as alleged in the first information report by the informant Tuna Devi that in the night of 02.02.2012 she came out of room to meet the call of nature, in the meantime, her neighbour, Muntan Sah, by scaling the wall entered into her court yard and concealed himself in the room of the informant beneath her cot. When she returned back, after meeting the call of nature and closed the door, laid on the bed, Mantun Sah came out from beneath the cot and got over the informant and when she tried to protest, then, he closed her mouth and raped her. Further, case is that the informant anyhow managed to release her mouth and made a hulla on which the neighbours and several people collected. When Mantun Sah tried to escape, she caught hold of him and the villagers closed the door from the out side and kept it locked. The police was informed by mobile on which the police came and the informant made her statement. The, further, case is that earlier also Mantun Sah had raped the informant for which a case was filed. He has, again, committed rape and tried to flee away, but, due to timely intervention of the villagers, Mantun Sah could not flee away.