SHEO JEE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the judgment dated 17.1.2003/18.1.2003 of the Sessions Judge, Buxar passed in Sessions Trial No. 82/02 whereby the appellant has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo RI for 6 (Six) years.

(2.) The fardbeyan (Ext. 4) of the victim-informant Reena Kumari was recorded on 3.1.2002 at 4 p.m. by SI Ram Bilash Singh at Thana near Buxar(T) P.S. The informant alleged in her fardbeyan that on 2.1.2002 at 8 p.m. while the victim-informant Reena Kumari (PW 2) was in a room of her house and her mother had gone out for purchasing medicine, the appellant Sheo Jee Prasad, who is the tenant in the house and who is an employee (peon) in the Department of Irrigation, finding her alone in the room, entered into the room and forcibly committed rape on her. She further stated that she protested and cried and in the meantime her mother (PW 1) arrived there and she also protested and abused the appellant. Whereupon the appellant assaulted her (PW 1) on her head with small danda causing injury on the forehead. Receiving injury on the head, the mother (PW 1) became unconscious and in the meantime, she (informant) fled away from the room and went to the house of neighbour Dineshwar Singh and she slept there for the whole night with the daughters of Dineshwar Singh. She also alleged that the appellant had confined her mother in a room of her house for the whole night and threatened her not to lodge any case before police. And in the ensuing morning her mother PW 1 came out of the house on the pretext of getting her injury treated and she went to her son Sheojee Singh who was living nearby and then taking her (informant) and Sheojee Singh was going to the police station for lodging a case and in the way she gave her statement and her fardbeyan was recorded by the police. The informant identified her signature (Ext. 1) on the fardbeyan. On the basis of fardbeyan FIR was registered at the P.S. and investigation commenced. On conclusion of the investigation. Charge-sheet was submitted against the appellant who was put on trial and he has been convicted and sentenced as above.

(3.) As many as four witnesses have been examined in this case. PW 1 Chandrabati Devi, the mother of the informant, has turned hostile. PW 2 Reena Kumari, is the informant herself, but she has also turned hostile. PW 2 Usha Sinha is the doctor who had examined the victim- informant. PW 4 Ram Bilash singh is the I.O. who had investigated the case. Thus, only two witnesses have been examined on the point of occurrence and both of them have turned hostile.