RAJA KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the Judgement dated 5.4.2003 of the 2nd Additional Sessions Judge Banka passed in Sessions Trial No. 846/2000 whereby the appellant has been convicted under Section 376 of the Indian Penal Code and sentenced to R.I. for 10 (ten) years.

(2.) The prosecution was initiated on the fardbeyan of informant Snehlata Devi (P.W.7) who appeared before officer-in-charge of Amarpur P.S. on 11.4.2000 and gave her written fardbeyan which was signed by her. She alleged in her fardbeyan that on 10.4.2000 at about 3 P.M. while she had gone out of her house in Bahihar (barren chuck of land) towards West of her house for casing herself and that while she was seated in Bahihar and was defecating, the appellant Raja khan caught hold of her from behind and putting pistol on parietal side of her head, threatened head asking to keep quiet. She further alleged that the appellant tied her mouth with a Gamcha and then pushed her down on the ground and thereafter, committed rape on her. She has stated about penetration of penis into her general in course of commission of rape. She also alleged that when she tried to protest by throwing the legs, the appellant overpowered her and assaulted her with the butt of the Distal. She further stated in her fardbeyan that the appellant had also threatened her asking not to tell anybody about the occurrence and not to lodge any case against him, else she would be killed. She also stated that during the occurrence, Pappu Rajak (P.W.5) and some other- persons who were loading bricks on a tractor trailor had rushed towards her seeing the commission of offence and that they had also chased the appellant but the appellant run away and went inside of his house. The informant further stated that after the occurrence she along with those persons and some other villagers went to the house of Jafar Khan, the father of the appellant but he did not listen to their grievance rather he threatened and chased them away under threat of gun. The informant also alleged that the appellant and his men tried to prohibit her from going to the P.S. but anyhow she managed to go to the P.S. and gave her fardbeyan there on the next day i.e. 11.4.2000. On the basis of fardbeyan. a formal P.I. R. was registered and investigation commenced. On completion of investigation chargesheet was submitted and the appellant was tried and he has been convicted and sentenced by trial court as above.

(3.) As many as eight witnesses were examined by prosecution.