MRITUNJAY KUMAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Mritunjay Kumar Mandal has been found guilty for an offence punishable under Sections 376 Penal Code and sentenced to undergo RI for 10 years and fine of Rs. 10,000.00 in default thereof, to undergo imprisonment of two years additionally by the 2nd Additional Sessions Judge, Purnea vide judgment of conviction dated 24.06.2015 order of sentence dated 26.06.2015 in Sessions Trial No. 885/2013/119/2014.

(2.) Manorama Devi, (PW 5) filed a written report on 09.06.2013 alleging inter alia that she had gone to her Naiher to visit her ailing mother on 06.06.2013 leaving behind her two daughters. When she returned back on 08.06.2013, her younger daughter (name withheld) aged about seven years disclosed that yesterday, while she was returning after easing herself, Mritunjay Kumar Mandal lifted her to bamboo cluster where he committed sin act. Whenever, she used to weep, her mouth was thrust with leaves. This occurrence had taken place on 07.06.2013 at about 3-4 PM. So, she alleged that her co-villager, Mritunjay Kumar Mandal had committed rape upon her. Panchyati was convened by the villagers having no solution, on the other hand, Mritunjay Kumar Mandal was threatening.

(3.) On the basis of the aforesaid written report, Banmankhi PS Case No. 84/2013 under Sec. 376 of the Penal Code was registered followed with investigation and after concluding the same, the charge-sheet was submitted under Sec. 376 Penal Code where under cognizance was also taken and accordingly, trial proceeded which ultimately concluded in the manner, subject matter of the instant appeal.