CHANDAN KUMAR SAH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

(2.) The appellant has been convicted for the offence under Section 376 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for seven years with a fine of Rs.10,000/- and in case of non-payment of fine to undergo simple imprisonment for one year. The appellant has further been convicted for the offence under Section 323 I.P.C. and sentenced to undergo simple imprisonment for three months. He has further been convicted for the offence under Section 379 of I.P.C. and sentenced to undergo rigorous imprisonment for six months. All the sentences were ordered to run concurrently.

(3.) The prosecution case, in short, as per the F.I.R. is that the informant Priyanka Kumari @ Shintu Kumari aged 15 years had alleged therein that on 17.12.2011 at about 9.45 A.M. proceeded from her house for Gauri Shankar High School for appearing in examination. She is a student of Class 10th. When she reached near Canal of Mathiya at Chaibar at about 9.45 A.M. in the mean time one person aged about 25 years, named, Chandan Kumar Sah caught hold of her finding her alone. The said person assaulted her and committed rape upon her by force at Chaver. She shouted at the top of her voice but the appellant closed her mouth. Further prosecution case is that the victim returned to her house and disclosed about the occurrence to her mother at her house. She has further stated that after the occurrence while in the way she was returning weepingly two persons of village Mathiya enquired her about her weeping but she did not disclose anything to them. Thereafter about quarter to twelve (11.45 A.M.) she went along with her brother to the school to appear in the examination. She reached at the examination centre bit late. So, after appearing in the examination she returned to her house at 1.45 A.M. The further case of the prosecution is that the mother of the informant disclosed the entire occurrence to the villagers and so, on 18.12.2011 the villagers caught hold of the said Chandan Kumar Sah from his house and took him to Ben Sagar. Further case of the prosecution is that the accused was caught hold and during catching hold of the accused appellant some persons assaulted him with fists and slaps causing injury to appellant.