RAGHUBIR DAS Vs. THE STATE OF BIHAR

JUDGEMENT

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

(2.) The sole appellant has been convicted for the offence committed under Section 376/511 of the Indian Penal Code and sentenced to undergo additional rigorous imprisonment for six years with a fine of Rs.5,000/- and in default of payment of fine to undergo additional rigorous imprisonment for one year. He has further been convicted under Section 324 of the Indian Penal Code and sentenced to undergo simple imprisonment for one year with a fine of Rs.1,000/- and in default of payment of fine to undergo simple imprisonment for one year. However, it has been ordered that both the sentences shall run concurrently.

(3.) The prosecution case, as alleged in the First Information Report on the basis of the written report by the informant, Pawan Kumar Yadav (P.W.1) is that on 08.12.2011 at about 10:00 p.m. he along with his family members including the wife and children had gone to the neighbour's house of one Rajendra Yadav to take meal in the marriage ceremony. After taking meal, the informant washed his hand and asked his children, i.e. daughter Alka Kumari, aged about five years and his son Bikram Kumar, aged about eight years, to go to the home and just thereafter when they proceeded for some distance then Raghubir Das, aged 25 years (appellant) gave chocolate and ten rupees to his daughter Alka Kumari and lifted her in his lap and taken to agricultural field behind Brahmasthan near the house of Bishwanath Yadav and thrown her on the earth and committed rape due to which blood was oozing from her internal part as a result of which she sustained injuries. On her cry, Ramesh Yadav, Suresh Yadav and other co-villagers came there and on seeing them the appellant got up from the body of the victim and fled away. The further case is that the appellant took teeth bite on both cheeks of the victim due to which the victim sustained injuries and appellant also took away silver Bala and Payal. The further case is that since it was late night he could not go to the Police Station. Hence, the occurrence took place on 08.12.2011, but the written report was submitted on 09.12.2011. The written report was submitted to the police on the basis of which First Information Report was lodged on 09.12.2011 at 08:30 a.m. The distance between the place of occurrence and Police Station is about three kilometers towards west-north. After registration of the case, investigation proceeded and the Investigating Officer recorded the statement of the witnesses, inspected the place of occurrence, the victim was got medically examined. The Investigating Officer procured the medical report and submitted charge-sheet under Sections 376, 324 and 379 of the Indian Penal Code. Consequently, on the submission of the charge-sheet, cognizance was taken under the above mentioned Sections. Thereafter the charge was framed and after framing of charge, trial proceeded. During trial, seven witnesses were examined on behalf of the prosecution.