RAVINDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Sections 452 and 376 of the Indian Penal Code. He was sentenced to undergo Rigorous Imprisonment for seven years under Sec. 376 and Rigorous Imprisonment for 3 years under Sec. 452 of the Indian Penal Code. However, both the sentences were ordered to run concurrently.

(2.) The prosecution case disclosed from the fardbeyan of the informant, is that in the morning of 21.6.89 her parents had left the village to Patna to attend Chakbandi Case. It has been submitted that in the night of 21/ 22-6-89 while the informant was sleeping in her room along with her eight years old younger sister, Nirmala Kumari and six years old brother, Pramod Kumar at about mid-night her next door neighbour Rabindra Singh allegedly entered into the room and covered the mouth of the informant. She woke up and she recognized Ravindra Singh in the light of the lamp burning inside the room. It has been submitted that the door of the room had not been bolted from inside and was only shut. It has also been stated that she asked Ravindra as to why he had come at night attired in a loin cloth. Then he asked her to keep quite. It is alleged that Ravindra Singh then forcibly committed rape on her thereafter there was bleeding from her private part and it was painful. It has been submitted that she pinched her sister, Nirmala Kumari who was sleeping by her side. She also got up and identified Ravindra Singh in the light of burning lamp and committing rape on her sister. It has been stated that on hulla being raised by her sister Nirmala, neighbours Laxmi Narayan Bhagat came to the house but by that time Ravindra Singh had fled away. The other neighbours Gupteshwar Singh, Satyanarayan Singh also arrived and she narrated about the occurrence to them. It has been stated that in the morning informant took her bath and washed her cloths and in the evening her parents returned and she narrated the story of alleged commission of rape. In the following morning she accompanied with her parents and went to Police Station where her fardbeyan was recorded in the presence of Kamla Prasad Singh and Vishwanath Singh. On the basis of the fardbeyan of informant Lilu Kumari, a formal F.I.R. was drawn on 23.6.89 at 9.15 A.M. The Piru Police Station Case No. 157/89 under Sections 452/376 IPC was instituted against the sole accused Ravindra Singh. After completion of investigation chargesheet was submitted, and accordingly, cognizance was taken and case was committed to the Court of Session for trial.

(3.) The appellant pleaded not guilty and has stated that he has been falsely implicated in this case at the instance of the members of the IPF Party who were demanding money from him.