RAM KRISHNA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) CRIMINAL Appeal No. 33 of 2004 and Criminal Appeal No. 75 of 2004 have been heard together as they both arise out of same judgment of conviction and sentence dated 11. 12. 2003 passed by Sri Shyam kumar Mishra, Sessions Judge, Madhepura in Sessions case No. 85/1988.

(2.) APPELLANT Ram Krishna Yadav of criminal Appeal No. 75/2004 has been convicted and sentenced to undergo R. I. for 10 years under Section 376 of the Penal Code. Then appellant Mohan Yadav of Criminal appeal No. 33 of 2004 has been convicted and sentenced to undergo R. I. for 10 years for the offence under Section 376/34 of the penal Code.

(3.) SHORTLY stated the prosecution case is that on 4. 7. 1982 at noon (Sunday) informant bimla Devi was going towards north of her house in the field of Mobarak Mian in which marua crop was grown by Shivnandan yadav for cutting marua crop. When she reached near the field of Bhumi Sah and rafique Mian she saw accused Mohan yadav and Ram Krishna Yadav standing on the ridge. As soon as she went ahead of them both the accused chased and surrounded her. Mohan Yadav asked her to stop. The informant suspecting their bad intention tried to run away from there but accused mohan Yadav caught her and pulled her on the ground. She wanted to raise alarm but mohan Yadav shut her mouth with one hand and caught her with another hand. Accused Ram Krishna Yadav lifted her sari and petticoat and wrapped his lungi and thereafter committed rape on her forcibly. After committing rape accused, Ram krishna Yadav asked other accused to commit rape upon her. In the meantime, the informant got opportunity and raised alarm loudly. Thereafter both the accused fled away towards east leaving the informant. The informant went to marua field and informed about the occurrence to her mother-in-law Sandhya Devi (PW 6 ). She also narrated about the occurrence to Jagdish yadav. Arun Sah and to the daughter-in-law of Shivnandan Yadav who were present there. She also stated that her husband was in Punjab and her nandosi was also not available and. therefore, on the next day in the morning she went to the police station and reported the matter. It appears that on the basis of statement of informant the, police registered kumarkhand PS case No. 168/1982 under Sections 376 and 341 of the Penal Code and after investigation submitted charge-sheet on the basis of which cognizance was taken in the case. The case was later on committed to the Court of Session. After trial the two accused were convicted and sentenced as mentioned above. Against the said conviction and sentence the appellants have preferred the present appeals before this Court.