TENGAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though the sole appellant was charged under Sections 376, 354, 380 and 457, IPC., on being tried by Sri Ramnath, the then 1st Additional Session Judge, Rohtas at Sasaram in Sessions Trial No. 44/11 of 1991/91 (arising out of Chenari P.S. Case No. 85 of 1990) he suffered conviction only under Sections 457 and 354, IPC and was sentenced to undergo rigorous imprisonment for a term of two years each on each count with direction for the two sentences to run concurrently. The judgment of conviction and order of sentence were passed by Sri Ramnath on 17.8.1992.

(2.) The prosecution machinery was set in motion with one Poonam Devi giving her statement before the Officer-in-charge. Chenari P.S. alleging, inter alia, that in the preceding night at about 11.30 p.m. while she with nanad Phool Kumari was sleeping in her room and her mother-in-law was sleeping in the eastern veranda. she suddenly heard the alarming cry of her mother-in-law whereupon she came out of her room and saw two persons both of them forcibly entered into her room. It is alleged that one of them catching hold of her felled her on the cot, gagged her mouth to smother her attempts to raise alarm and ravished her. It is said that Phool Kumari seeing the overt act ran for safety to a corner of the room but did not raise any alarm out of fear. It is alleged that after she had been raped, the miscreant caught hold of Phool Kumari and started fonding her cheeks and breast and seizing the opportunity the informant escaped from the room and raised alarm whereupon both the miscreants took to their heels. While escaping, the mother-in-law attempted to catch them but failed. The informant and the mother-in-law identified one of the culprits as Tengar Yadav. It has also been stated that the mother-in-law disclosed that one of the culprits had attempted to fondle her body and lift her sari and saya which aroused her from sleep and she had raised alarm. It is also alleged that while fleeing Tengar Yadav took away some of the ornaments of the mother-in-law. The informant in concluding was sanguine that Tengar Yadav having formed a common intention with 2-3 others with ulterior motive had entered into her house, committed rape on her, and in attempting to commit rape on the nanad and mother-in-law had molested them and had stolen the ornaments of the mother-in-law.

(3.) On the basis of the aforesaid statement of Poonam Devi, Chenari P.S, Case No. 85 of 1990 was registered under Sections 457, 376, 354/34, IPC and after due investigation a charge-sheet was submitted only against the appellant under Sections 457, 376, 354 and 380/34, IPC.