SHANKAR HARIJAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal has been preferred against the judgement of conviction dtd. 22/5/2014 and order of sentence dtd. 27/5/2014 passed by the court of learned Adhoc Additional District & Sessions Judge-I, Bhagalpur, in Sessions Trial No. 1245 of 2012/Tr. No. 09 of 2013 (arising out of Sanokhar P. S. Case No. 29 of 2012), whereby and whereunder the appellant has been convicted for the offence punishable under Sec. 376 of the Indian Penal Code (in short, "IPC"). The appellant has been sentenced to undergo rigorous imprisonment for 10 (ten) years with a fine of Rs.5000.00 (Rupees Five Thousand) and in default of payment of the fine, he has been directed to undergo rigorous imprisonment for six months separately.

(2.) The prosecution case, in brief, is that the informant, XXX, presented a written application before the Officer-in-Charge of Sanokhar police station stating therein that her husband, who is a handicapped person, had gone to Aligarh to work as a labourer. On 4/5/2012 at about 3 P.M., she went towards the Maina River to gather cow dung for fuel (Jalawan) and while doing so, Shankar Harijan (appellant) came from behind her, caught her arms, knocked her down on the ground, and committed an illegal act with her. She further alleged that on her alarm, her co-villagers, namely, Bishnu Harijan, Pagga Harijan, Chandan Harijan, and Chhotu Harijan, came there, and on seeing them, the appellant fled towards the village. Thereafter, she reached home and informed her gotnis, namely, Poonam Devi, Pinki Devi, and Sushila Devi, as well as her bhaishur, Upendra Harijan, about the incident. She further stated in her application that due to a Panchayati in the village, there was some delay in lodging the case at the police station.

(3.) The informant recorded his fardbeyan on 5/5/2012 at about 02:30 P.M. at Sanokhar Police Station and detailed the above-mentioned incident. Upon that basis, the formal FIR bearing Sanokhar P.S. Case No. 29 of 2012 was registered for the offence punishable under Sec. 376 of the IPC, which set the criminal law in motion.