MADHUSUDAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant, Madhusudan Yadav, has been found guilty for an offence punishable under Section 313/ 511 of the I.P.C. and sentenced to undergo R.I. for five years vide judgment of conviction dated 29.01.2015 and order of sentence dated 31.01.2015 passed by the 2nd Additional Sessions Judge, Purnea in Supplementary Sessions Trial No.05 of 2005/ 149 of 2014.

(2.) Before delving upon the merit of the case, certain feature, which is visualizing from the L. C. Record has to be taken note of. Victim (name withheld) filed Complaint Petition bearing No.904C.A./ 2003 before the learned lower Court arraying seven persons namely Sri Narayan Yadav, Hari Prasad Yadav, (since deceased), Sachidanand Yadav, Ghanshyam Yadav, Pashupati Yadav, Bhola Yadav, Madhusudan Yadav, which was sent to local police for registration and investigation of the case as a result of which, Purnea K. Nagar P. S. Case No.137 of 2003 was registered. During course of investigation, presence of all other accused persons were procured, save and except appellant Madhusudan Yadav, whereupon trial was bifurcated and the original trial proceeded against six accused persons, who were found guilty under respective heads and accordingly, sentenced vide judgment of conviction dated 06.09.2007, order of sentence dated 07.09.2007 passed by the Additional Sessions Judge, Fast Track Court No.1, Purnea in Sessions Trial No.05 of 2005/ 244 of 2006 and for that, Cr. Appeal (S.J.) No.949 of 2007 as well as Cr. Appeal (S.J.) No.143 of 2008 have been preferred. Subsequently thereof, appellant, Madhusudan Yadav has been apprehended and on account thereof, he was proceeded solely under above Supplementary Sessions Trial No.05 of 2005/ 149 of 2014 and has been convicted as a result of which, instant appeal has been filed on his behalf. Because of the fact that all the appeals relate with common Police Case Number, though have been proceeded independently, so in the aforesaid facts and circumstances of the case, have been taken up together. However, are being decided separately, but on the same day.

(3.) Pw-3 had filed complaint petition against seven accused persons namely Bhola Yadav, Sri Narayan Yadav, Pashupati Yadav, Hari Prasad Yadav, Ghanshyam Yadav, Madhusudan Yadav, Sachidanand Yadav alleging inter alia that on 16.03.2003 at about 12.00 noon while she was alone in her house, accused Bhola Yadav made house trespass, caught hold her, threw her on the bed and then, committed rape after gagging her mouth. On her protest as well as while she was about to shout, he volunteered to marry. It has also been alleged that on the aforesaid pretext, he continued to commit rape whenever got an opportunity. After sometime, she developed some sort of ailment and for that, she was taken to Purnea where she was examined by Dr. Smt. Poonam Raman, who had disclosed about pregnancy and the same was confirmed by way of ultra-sound to be about three and half months. Her parents enquired, whereupon she disclosed the whole event. In light thereof, there was Panchayati wherein Bhola Yadav undertook to marry, but he resiled subsequently at the instance of his parents. Then thereafter, it has been alleged that on 27.07.2003, all the remaining accused except Bhola Yadav, came at her place and directed her to consume one tablet. On query, they disclosed that it is for abortion, whereupon she refused. Then thereafter, all the accused persons caught hold her and on an order of Hari Prasad Yadav, Ghanshyam Yadav, put two tablets in her mouth, Sri Narayan Yadav poured water, but she did not engulfed. After departure of the accused persons, she threw the tablets from her mouth. Then thereafter, it has also been stated that brother Suman Yadav had gone to the place of Ghanshyam on 06.08.2003, whereupon he was caught hold up and assaulted and was confined in a room.