NAVIN KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the State. No body appeared on behalf of the appellant.

(2.) The appellant has been convicted under Sec. 376 of the Penal Code and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. 10,000/ - and in default of payment of fine shall undergo rigorous imprisonment for one years.

(3.) The prosecution case, as alleged in the first information report by the informant, Diwakar Sharma, P.W. 4 alleging therein that Renu Kumari, aged about three years, is the daughter of Diwakar Sharma. On 22.03.2012 at about 10.00 P.M., Renu Kumari, the victim, was playing in her court -yard. In the meantime, the cousin brother of the informant, Navin Kumar @ Natu Sharma, aged about 27 years, came to his house to give the marriage card and took the victim in the pretext to provide her chocolate. He took the victim to the north of the village at Bara Chowk and raped her. The informant on the sound of weeping of his daughter went to Bara Chowk along with some co -villagers, saw the ghaghra of his daughter besmeared with blood and she was lying in unconscious state and, then, he took the victim to Dr. Pramod Kumar Singh, where the doctor treated his sister. The, further, case is that the reason for delay to going to the Police Station was that they wanted to have a panchayati amongst themselves. On the written report of Diwakar Sharma, a first information report was lodged. However, the occurrence alleged to have been taken on 05.03.2012 at 10 P.M., but, the information was given to the police on 07.03.2012 at 11.30 A.M. The reason for delay in lodging the first information report, itself, is in the first information report that the informant wanted to have panchayati amongst them. After lodging the first information report, the investigation proceeded and the investigating officer recorded the statement of the informant and the witnesses, inspected the place of occurrence in village Satish Nagar. The place of occurrence is 50 yards north -west of the house of the informant, which is a lonely place, to the east of the place of occurrence there is land of Udai Sharma, in west Dumraghat in north Pulo Sharma and in the south maize field of Manoj Sahni. During investigation police also seized ghaghra and panty, produced by the mother of the victim, which were besmeared with blood and then seizure list prepared and has proved the production -cum -seizure list, marked Exhibit 1. The ghaghra has already been produced for which seizure list prepared. The informant was referred to Sadar Hospital at Khagaria for examination and the victim was examined medically and police, after investigation, submitted charge sheet, on which cognizance taken, after submission of the charge, case committed to the Court of Session and during trial six witnesses examined by the prosecution.