SANJAY MAHTO @ DAKUA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the Appellant and learned counsel appearing on behalf of the Additional Public Prosecutor.

(2.) The Appellant has been convicted under Sections 376 and 302 I.P.C. and sentenced to undergo ten years Rigorous Imprisonment for the offence under section 376 I.P.C. and further sentenced to undergo Rigorous Imprisonment for life for the offence under section 302 I.P.C. by a Judgment dated 26/28.03.2011 passed by the Sessions Judge, Sitamarhi in connection with Sessions Trial No. 265 of 2009 arising out of Riga P.S. Case No. 38 of 2009.

(3.) The case of the Informant Andila Kumari, the deceased herself gave fardbeyan before the Officer-In-Charge Mehsaul O.P. on 19.02.2009 at 15:30 hours at Jiyalal Kalawati Memorial Hospital, Durma, District-Sitamarhi is that on 14.02.2009 when she was at her home at about 3.30 pm. her agnate Murari and the present Appellant Sanjay came inside her house and felling her down both of them committed rape upon her. When she said that she would tell her mother about it, they caught hold of her and poured Kerosene and lit her with the matchstick, on account of which she was burnt. Her mother knew about this occurrence as also her younger brother had seen the same. She was taken for treatment by Anirudh Rai, Birendra Rai, Janak Rai and Surendra Rai on a Bolero Car to Sitamarhi where she was being treated. They did not give any information to the Police because of fear nor did the family members inform the Police. Her mother had told the Chaukidar but the Chaukidar did not take any steps nor did he inform the Police Station.