DEVENDRA PASWAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) This appeal arises out of judgment of conviction dated 18.09.2013 and order of sentence dated 27.09.2013 passed by the Narsing Prasad, learned 2nd Additional Sessions Judge, Muzaffarpur, in Sessions Trial No. 369 of 2011 (arising out of Sakra P.S. Case No. 45 of 2010 G.R. No. 399 of 2010, by which the appellant had been convicted for offence under Sec. 376 of Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and fine of Rs. 50,000/ - and in default of payment of fine further sentenced to undergo rigorous imprisonment for three years and if the fine will paid by the convict the same will be paid to victim as a compensation.

(3.) The prosecution case as alleged in the written report on the basis of First Information Report was lodged by Md. Moti Mian alleging therein that his maternal grand daughter Hasina Khatoon aged about eight years had come to his house for study since last six months. On 06.02.2010 at 5.30 P.M. when he was returning to his house after performing Namaj then he saw a crowd standing at his house then he learnt from his daughter -in -law Ajmiri Khatoon, wife of Mustakim that Devendra Paswan, aged about 32 years of Village -Gous Basantpur lifted Hasina Khatoon while she had gone to collect wood for fuel and took her in Tori (mustard) field and committed rape upon her on which Hasina Khatoon started weeping and making cry on which Devendra Paswan after committed rape started fleeing away then co -villager Shamsha Khatoon, wife of Late Md. Bari (P.W. 2), Md. Chand, (P.W. 8) and others catch hold of Devendra Paswan while they were taking Devendra Paswan to the house, then Devendra Paswan manage to escape, but the co -villagers chased and catch hold of him. In the meantime, mother and brother of Devendra came to the house of the informant got Devendra free and took away. On enquiry from Hasina Khatoon, she disclosed that while she was collecting wood and leaf for fuel then a boy came from her back and pressed her mouth and took her in his laps in the neighbouring Sarsoon (Mustard) field thereafter, untie her panty throw her on the ground and threatened to kill and rape her. Thereafter, she started crying due to pain and making hullah then the boy who was committed rape started fleeing away then the villagers catch hold of him and brought to the house of the informant and victim was brought to the hospital and case was lodged in the police station.