DHEERAJ SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Rudra Pratap Singh, learned Amicus Curiae and Mr. Binod Bihari Singh, learned APP for the State.

(2.) The appellant has preferred the present appeal under Sec. 374(2) of the Code of Criminal Procedure challenging the judgment of conviction dtd. 11/2/2014 and order of sentence dtd. 14/2/2014 passed by the learned Additional District and Sessions Judge-I, Khagaria in Sessions Case No. 342/2012, arising out of Khagaria (Muffasil) P.S. Case No. 329 of 2012, whereby and whereunder, the appellant has been convicted for the offence punishable under Sec. 376/511 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for five years and Rs.5000.00 fine and in default of payment of fine, to undergo rigorous imprisonment for three months and the amount of fine shall be paid to the mother of the victim.

(3.) The prosecution story, in brief, is that the informant Pinki Devi, wife of Hare Ram Sahni, submitted a written report before the Superintendent of Police, Khagaria, on 30/6/2012, wherein she categorically alleged that on 29/6/2012 at about 1:00 p.m., while her daughters, namely Deepika Kumari, aged about 5 years, and Daizy Kumari, aged about 4 years, were playing in front of the house of Dinesh Sahni. The appellant who is son of Dinesh Sahni, allegedly lured the victim Deepika Kumari on the pretext of giving money and then took the victim along with her younger sister Daizy Kumari inside the room and committed rape upon her. On hearing the cry of her daughter, the informant rushed to the house and allegedly witnessed the accused through a window committing rape upon the victim. However, upon raising an alarm, the accused fled away through the roof. It is further alleged that the informant found her daughter lying naked, with dust on her body. Thereafter, the informant took her daughter (the victim). Subsequently, she went to the Police Station, where she was advised to approach the Sarpanch for redressal of her grievance. She approached the Sarpanch of the Gram Katchahari who did not meet her. On the basis of the written report filed by the informant before the Superintendent of Police, Khagaria, Khagaria (Mufassil) P.S. Case No. 329 of 2012 was lodged on 30/6/2012 under Sec. 376 of the I.P.C. against the sole accused, appellant hereof. After institution of the F.I.R., the Investigating Officer conducted investigation and found the case to be true under Sec. 376 of the I.P.C., and accordingly submitted charge-sheet before the learned court below. Thereafter, the learned Magistrate, upon perusal of the materials on record, took cognizance of the alleged offence on 10/9/2012, and the case was subsequently committed to the Court of Sessions on 1/11/2012. Pursuant to the conclusion of the trial, impugned judgment was passed.