DINESH YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Appellant Dinesh Yadav @ Chamcham Yadav has been found guilty for an offence punishable under Section 376 IPC and sentenced to undergo RI for 8 years as well as to pay fine of Rs. 5,000/- in default thereof, to undergo imprisonment of 6 months additionally vide judgment of conviction and order of sentence dated 05.05.2015 passed by the Additional Sessions Judge-3 rd, Katihar in Sessions Trial No. 52/2004.

(2.) Victim PW-4 (name withheld) filed a complaint petition no. 1098/2003 against Dinesh Yadav @ Chamcham Yadav, Baldeo Yadav, Kaili Devi and Raju Ghosh showing the date of occurrence from six months prior to 06.04.2003 disclosing the place of occurrence as house of complainant as well as accused putting an allegation that complainant happens to be poor lady and survives over wages having earned over manual work. About six months ago, accused Dinesh engaged her for cleaning his cow-shed whereupon she had gone there. During course thereof, Dinesh committed rape, in spite of her protest whereupon became adamant to report police. The accused Dinesh Yadav consoled her and said that he is going to marry with her. The accused continued with the aforesaid activity persuading her that he would marry with her. As a result of which, she became pregnant and at the time of filing of complaint, her pregnancy was 4-5 months old. She disclosed the same to Dinesh Yadav and through him his parents also knew whereupon his parents got him absconded. At the other end, his parents Baldeo Yadav and Kaili Devi along with Raju Ghosh came to her place and directed her to terminate the pregnancy otherwise, threatened of dire consequences. In the aforesaid background, on 04.06.2006 at about 6.00 PM, accused, Baldeo Yadav and Kaili Devi along with Raju Ghosh made house trespass, assaulted her parents. During course thereof, they also directed that complainant should abort the pregnancy, otherwise they will not allow them to remain in the village. Villagers were also informed having no fruitful results. In spite of informing police on 08.06.2003, police did not take any kind of action whereupon, complaint petition has been filed. Furthermore, it has been asserted that she is carrying pregnancy that of Dinesh Yadav. Jagarnath Prasad, Phul Kumar Poddar, Raghunath Mandal, Basudeo Mandal, Pirthi Poddar, Raghunath Poddar, Harendra Poddar and Lakkhi Poddar have been cited as witness.

(3.) The learned Magistrate directed the PS concerned to register a case and investigate the same in accordance with Section 156(3) CrPC whereupon Kadwa PS Case No. 83/2003 was registered followed with an investigation and after concluding the same, chargesheet was submitted facilitating the trial, which met with ultimate result, subject matter of the instant appeal.