ANGAD RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Angad Ram, the sole appellant, has preferred this appeal from jail where he is suffering incarceration consequent to the judgment and order dated 31-5-2003 passed by Sri Shiva Bachan Singh, learned Presiding Officer, Fast Track Court No. I, Kaimur at Bhabhua, in Sessions Trial No. 26/200 of 2000/2001 (arising out of Mohania P.S. Case No. 33/2000). By the impugned judgment and order the appellant on being found guilty of the offences under Ss. 376 and 450, I.P.C. has been sentenced to undergo rigorous imprisonment for 7 years and also pay a fine of Rs. 500/-, in default whereof to suffer further rigorous imprisonment for three months for the offence under S. 376, I.P.C. However, no separate sentence was imposed for the offence under S. 450, I.P.C.

(2.) The prosecution case is based on the statement given by one Indrawati Devi, the wife of Ram Sagar Sharma at the Mohania P.S. at about 11.30 a.m. on 6-2-2000 in respect of an occurrence which took place earlier in the night between 5/6 February, 2000. According to the prosecutrix, her husband was often given to sleeping at the darwaza of Ramraj Ram and on the fateful night too he had gone to sleep there after taking his meals at about 9 p.m. and the prosecutrix with her youngest daughter went to sleep in a room in the house. However, at about midnight she suddenly woke up on feeling cold and found that the quilt had been removed from her body and accused-Angad Ram was standing by the side of her cot. She questioned Angad regarding his presence there whereupon Angad threatened her to keep quiet or face dire consequences. The prosecutrix attempted to raise alarm even as she lay flat on her back but Angad allegedly gagged her mouth with one hand and removed her sari and undergarments with the other hand and then climbing on top of the prosecutrix forcibly inserted his penis inside her vagina. The prosecutrix claims to have attempted to ward off Angad but without any success and it was only after he had discharged his semen that Angad got up and attempted to flee but the informant caught hold of his clothes and raised alarm. However, Angad managed to flee leaving behind his chhapal and gamcha in the room. Curiously, none of the neighbours arrived notwithstanding the informant raising hulla and after about an hour she claims to have gone to her husband at the darwaza of Ramraj Ram and narrated the incident to him. It is said that in the morning as the prosecutrix with her husband were getting ready to go to the police station, Nihore Ram and Sheo Tahal Ram, the brothers of Angad came over and started abusing them and also threatened to kill her if she went to the police. But on the advise of the villagers who had gathered at the house of the informant and to whom the incident was narrated, they eventually went to the police station. On the basis of the statement of the informant Mohania P.S. Case No. 33/2000 was registered under Ss. 376. 447 and 504/34, I.P.C. against Angad and his two brothers.

(3.) After due investigation a charge-sheet under Ss. 376, 450 and 452, I.P.C. was submitted against Angad only and after commitment charges under Ss. 376, 450 and 452, I.P.C. were framed against him to which he pleaded not guilty and claimed to be tried.