SONU KUMAR PODDAR, SON OF RAKESH PODDAR, RESIDENT OF VILLAGE MOHANPUR, CYCLE CHOWK, P.S. SAKRA, DISTRICT Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Minor daughter of the informant had gone to the nearby orchard to collect fire wood when the appellant is alleged to have over powered her and committed rape on her in the nearby ditch. The appellant was, therefore, charged under section 376 of the Indian Penal Code. By the judgment of conviction dated 22nd Feb., 2011 and order of sentence dated 25th Feb., 2011, passed in S.T. No. 775/2009, the learned Additional Sessions Judge, Fast Track Court No. IV, Muzaffarpur found him guilty of having committed rape on the victim and sentenced to undergo rigorous imprisonment for life. He was also imposed a fine of Rs. 10,000.00 in default of payment thereof, he was additionally sentenced to undergo S.I. for one month. Aggrieved by the aforesaid judgment and order passed by the learned Trial Court, the present appeal has been preferred by the sole appellant.

(2.) On 19.4.2009, a written report was submitted by Bhulan Sah (P.W.-8) before the Officer-in-charge, Sakra Police Station alleging that on 19.04.2009 at about noon, his daughter Komal Kumari had gone to collect fire wood in the nearby orchard which is adjacent to jungle and ditches. As she was collecting the fire wood, the appellant who has house close to the place of occurrence, finding her alone in the orchard, caught and forced her to the nearby ditch and committed rape on her. Scream and cry of the victim attracted attention where after the informant along with his wife Rekha Devi (P.W.-6) and other co-villagers rushed to the place of occurrence to see that the appellant was fleeing therefrom and the victim was weeping while lying in the ditch. She disclosed to the informant about the incidence where after the victim was carried to the police station where a written report prepared by Arjun Kumar after affixing his L.T.I. in presence of Rekha Devi (P.W.-6) Lakhan Sah (P.W.-7) and Ram Chandra Sah (P.W.-1) was filed whereupon a formal F.I.R. was drawn vide Sakra P.S. Case No. 120 of 2009 under section 376 of the Indian Penal Code. Vide endorsement of the S.H.O. (Ext.2A) upon registration of the case, the investigation of the case was assigned to the Investigating Officer (P.W.-9). The victim was sent to the Sri Krishna Medical College and Hospital (S.K.M.C.H.) for her medical examination. The I.O. immediately inspected the place of occurrence and recorded the statement of the witnesses including P.Ws. 1, 2, 3, 4, 5, 6, 7 and 8. The undergarments of the victim presented by the informant were also preserved by the I.O. and later sent for its analysis by the Forensic Science Laboratory after obtaining the order from the Court. After receiving the medical report of the victim and concluding the investigation he submitted charge-sheet against the appellant where after cognizance was taken and the case was later committed to the Court of Sessions for trial. The learned Trial Court framed the charges which were read out to the appellant. The appellant abjured the guilt. The defence is that he had not committed the offence and is innocent. Be it noted that some documents have been filed, in defence, by the appellant.

(3.) The prosecution, in order to prove the case, examined altogether 10 witnesses namely:P.W.-1 Ram Lal Sah, P.W.-2 Lal Babu Sah, P.W.-3 Manoj Sah, P.W.-4 Lakhan Sah, P.W.-5 Bhola Sah, P.W.-6 Rekha Devi, P.W.-7 Komal Kumari, P.W.-8 Bhulan Sah, P.W.-9 Ravindra Prasad Singh and P.W.-10 Dr. Vijay Pratap Singh. The learned Trial Court on analysing the evidence held that the evidence of P.W.-1, 2, 3, 4, 5 and 6 consistently supported the prosecution case as projected at the trial. P.W.-10 is the doctor who examined the victim Komal Kumari and submitted the report (Ext.-4) which too was analysed and it was found that the same supported the case.