MAHENDRA CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 27.11.2002 passed by the 2nd Additional Sessions Judge, Bhojpur, Arrah, in Sessions Trial No. 74 of 2002 convicting and sentencing the appellant to undergo RI for 7 years under Section 376 of the Indian Penal Code.

(2.) THE case of prosecution, in short is that on 23.10.2001 at about 5 a.m. informant Ramrati Devi (PW -5) was going to attend the call of nature and when she reached near the house of appellant, the appellant pressing her mouth with his hand lifted her and took her to a place in his house where cattle and their fodder were kept and committed rape on her in spite of cries raised by her. The fardbeyan of informant was recorded on the same day by Manju Singh, the then Officer Incharge of Udwant Nagar Police Station (not examined). In her fardbeyan (Ext. 1) the informant stated that appellant had ill eyes on the women of village and he used to make vulgar sings whenever any women used to pass through his house and about her husband she stated that her husband 3 -4 years after marriage left the village in connection with service and had not returned till date. She further stated that after occurrence she went to her naihar to bring her brother but when she did not find him there she returned to her village which caused delay in giving information to the police. On the basis of fardbeyan of informant, a case under Section 376 IPC was registered against the appellant. Police after investigation submitted charge -sheet against him.

(3.) ALTOGETHER 7 witnesses on behalf of the prosecution have been examined. Ramrati Devi (PW -5) is the informant. Dr. Madhubala Sinha (PW -6) is the doctor who had examined the informant. Ram Pravesh Paswan (PW -7) is the IO, Akhilesh Chaudhary (PW -1), Prashurm Chaudhary (PW -2), Gupteshwar Yadav (PW -3) and Laljee Chaudhary (PW -4) have not supported the case of prosecution and have been declared hostile.