ASHOK YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal against the judgment of conviction dated 21st September, 2002 and order of sentence dated 23rd September, 2002 of the 3rd Additional Sessions Judge, Jamui in Sessions case No. 664 of 2000 whereby the appellant has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo R.I. for ten years and a fine of Rs. 2,500/- and in default of payment of fine, to undergo S.I. for six months.

(2.) The FIR of the case was registered on the statement of victim Sakuna Kumari PW-7 who along with her father Sheo Pandit appeared before the Officer-in-Charge. Khaira Police Station District Jamui on 24th April, 2000 and stated that yesterday (23.4.2000) at 10-11 a.m. She had gone "Kharihar Bagh" (Barren land) situated at a distance of half kilometre west of her village and she was collecting dry leaves under a Peepal tree for fuel. At that time appellant Ashok Yadav and some small boys were grazing cattle. The boys went away for drinking water to their cattle and then finding her (victim) alone, the appellant came close to her and asked her to submit for intercourse. She refused and finding appellant's motive bad, started fleeing towards her house. But she was chased and after a short chase he (the appellant) caught her in a ditch towards east and thrashed her down on the ground and started opening the fastener of her pajama. She protested and cried upon which the appellant assaulted her with fists and slaps and overpowered her, clinched her and then opening her pajama, penetrated his penis in her genital and ravished her for about 15 minutes. She felt much pain and bleeding started. The appellant left her after ejaculation. Then seeing Laia Mushar, Giridhari Manjhi and Ram Pandit (PW-4), Giridari Manjhi and Ram Pandit (PW-4), the appellant fled away from there. After fleeing of the appellant, the victim came to her house at about 2.00 p.m. Her father was not present in the house, hence, she told the occurrence to her gotia Muneshwar Pandit (PW-5). The victim further alleged that in absence of her father, the appellant came to her house and threatened her not to tell about the occurrence to anybody or to report to the police, else she would have to face dire consequence. Her father had gone to one relation and he returned at about 4.00 p.m and then she naratted to her father and thereafter her father arranged a motor-cycle and started to take her to Sono Police Station but due to rising of water in the river it could not be crossed and they had to return back to their house. On the next day, she along with her father went to Sono Police Station but the Officer-in-Charge told that the P.O. lay in the jurisdiction of Khaira P.S. and asked them to go to that P.S. hence they went to that P.S. and thus, delay was caused in lodging of the FIR. The informant stated that after recording of her fardbeyan she put her LTI on it in presence of her father who also signed the same as a witness. The FIR was recorded on the basis of the fardbeyan and then investigation commenced and on completion of investigation charge-sheet was submitted and the appellant was put on trial and he has been convicted and sentenced, as above.

(3.) As many as 8 witnesses were examined by the prosecution. PW-1 Yadunandan Pandit, PW-3 Upendra Pandit. PW-4 Ram Pandit, PW-5 Muneshwar Pandit and PW 6 Tripurari Pandit have been examined on the point of occurrence. PW 7 Sakuna Kumari is the victim informant herself, PW-2 Dr. Reeta Upadhyay is the member of the Medical Board who had examined the victim and PW-8 Narayan Singh is the I.O. of the case.