LAKSHMAN CHAUHAN @ LAXMAN CHUHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Lakshman Chauhan @ Laxman Chauhan having been found guilty for an offence punishable under Section 376 IPC and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs. 20,000/- and in default thereof, to undergo R.I. for two years by the First Additional Sessions Judge, Gopalganj in Sessions Trial No. 57/2013, has challenged the same under present appeal.

(2.) Father of victim, namely, Ashok Chauhan (PW.5) filed written report on 19-10-2012 disclosing therein that he was engaged in manual work at Barka Digha while Sangeeta Devi and daughter Rubi Kumari aged about 6-7 years remained at his house. In usual manner, his daughter Rubi Kumari took she-goat towards brick-kiln of Rameshwar Singh lying eastern-southern direction from his house for grazing where, his co-villager Lakshman Chauhan aged about 55 years has also gone with his she-goat. The aforesaid Lakshman Chauhan allured his daughter, took her in a sugarcane field and committed rape. Wife of Kamlu Chauhan and Baleshwar Chauhan (PW.3, PW.4) have gone towards brick-kiln of Rameshwar Singh for cutting thatch found his daughter senseless lying over which, they done few exercise and after regaining sense on query, Rubi has disclosed that Laxman Baba has raped her. Then thereafter, both two women accompanied his daughter to his house and disclosed the event. His nephew Om Prakash Chauhan came to his place and informed whereupon he rushed to his house and found his daughter in awkward position who, on query has disclosed event. Thereafter, he along with the victim, wife and co-villager Pramod Chauhan and others came to the P.S.

(3.) After registration of Mirganj P.S. Case No. 219/2012, the police took up investigation and found the allegation duly substantiated, submitted charge sheet. The offence being exclusively triable by the court of Session allowed the trial before the court of Sessions which ultimately concluded with a verdict of guilt and sentence.