RAJBALLABH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The aforesaid six appeals preferred under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C. ') arise out of the same judgment of conviction dtd. 15/12/2018 and order of sentence dtd. 21/12/2018, passed by the learned Special Judge (Elected Member of Parliament, Member of Legislative Assembly and Member of Legislative Council), Bihar, Patna (hereinafter referred to as the "Ld. Trial Judge "), in Special Case No. 145 of 2018 (arising out of Mahila (Nalanda) P.S. Case No. 15 of 2016) and therefore, these appeals have been heard together and are being disposed off by the present common judgment and order.

(2.) By the impugned judgment and order, the appellants have been convicted and sentenced as under:

(3.) Short facts of the case are that the prosecutrix had filed a written report on 9/2/2016 before the Officer-in-Charge, Mahila Police Station, Biharsharif, Nalanda wherein she had stated that she is aged about 15 years, she is resident of Village Sultanpur, P.S.-Rahui, District-Nalanda and at the moment she is staying with two of her elder sisters and one younger brother in the house of Bishundeo Kumar on rent, which is situated at Garhpar, Professor Colony and there she resides and studies. She has further stated that in her neighbourhood Sulekha Devi (Appellant No.2), wife of Arun Kumar, Mohalla- Garhpar (Professor Colony), P.S.-Biharsharif, District-Nalanda is residing, with whom they had developed good acquaintance. On 6/2/2016 at about 4 o 'clock in the evening, Sulekha Devi asked the prosecutrix to come along with her to a birthday party, whereafter she asked her elder sister i.e P.W.-1, then she enquired as to where she has to go, upon which she replied- near Bharao Chowk and then her sister had given permission to go. The prosecutrix had left along with Sulekha Devi and her daughter, namely Chhoti (Appellant No.6) and then she was firstly taken to Ramchandarpur Bus Stand, from where they had caught a bus to go to Bakhtiyarpur and when the prosecutrix had asked them as to where she was being taken, Sulekha Devi (Appellant No.2) told her that she would pick her mother from Bakhtiyarpur and then they would go along with her to the party. Thereafter, they reached Bakhtiyarpur where a Bolero vehicle was parked and after staying there for some time Sulekha Devi along with her mother and the prosecutrix sat in the vehicle and then they reached Giriyak in between 11/0/11.30 P.M. The prosecutrix could not read the name of the place since it was dark, whereafter she was taken to a house which was four storied, situated at Giriyak, P.S.-Biharsharif and she was made to sit there by Sulekha Devi (Appellant No.2), who then told her that one teacher would come and ask her some questions. The prosecutrix then told her that they were to go to a birthday party but instead where she has been brought, upon which Sulekha Devi (Appellant No.2) told her that Sir is a very nice person, hence she should do whatever she is saying quietly. After some time, a person came in the house, who was around 40-50 years old, whose name the prosecutrix does not know and he along with Sulekha Devi (Appellant No.2) started taking liquor, whereafter she was also asked to drink, but she had objected. Outside, 4-5 persons were standing, who were keeping a watch. After, consuming liquor, Sulekha Devi (Appellant No.2) had disrobed the prosecutrix, made her lie down on the bed, caught her hand and stuffed cloth in her mouth, whereafter the person who had consumed liquor raped the prosecutrix and thereafter Sulekha Devi (Appellant No.2) had taken the prosecutrix to another room. In the morning at about 10:00 A.M., Sulekha Devi (Appellant No.2) had brought the prosecutrix along with her and dropped her at her house. The prosecutrix has also stated that when she was in the other room of the aforesaid house, she heard about exchange of money. After coming back, the prosecutrix had disclosed the entire incident to her elder sister PW-1 in the evening. After hearing about the occurrence, sister of the prosecutrix had informed her father and then her father had arrived there, who heard about the entire incident and then he has brought the prosecutrix to the police station where she is submitting her written report. The prosecutrix has also stated that she can recognize the person who had committed the aforesaid incident as also those persons who were keeping vigil, upon seeing them again. The prosecutrix has prayed for taking appropriate legal action.