GAURI SHANKAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Gauri Shankar Mandal has been found guilty for an offence punishable under Sec. 376 of the I.P.C. and directed to undergo rigorous imprisonment for seven years and to pay fine appertaining to Rs. 10,000.00 and in default thereof, to undergo imprisonment for six months, additionally, vide judgment of conviction dated 17.02.2017 and order of sentence dated 23.02.2017 passed by the Additional Sessions Judge-1st, Supaul in Sessions Trial No.01 of 2014.

(2.) Shanti Devi (PW-4) filed written report alleging inter alia that his daughter (name withheld being victim) was married with Jeytish Paswan of village-Ghurna about four years ago. Unfortunately, she became partial insane whereupon she was deserted by her sasuralwala. Since then, she was staying with her. Her neighbour Yogendra Mandal has got rice mill, flour mill as well as grocery shop. Her daughter used to visit his shop for grinding wheat, purchase of household items and during course thereof, Gauri Shankar Mandal began to allure her and after assuring that he will marry with her, developed physical intimacy and continued it for the last one year as a result of which, her daughter became pregnant. After perceiving her abnormal physical appearance, she made query, whereupon detailed the event. Then thereafter, they had gone to the place of Gauri Shankar Mandal where Gauri Shankar Mandal, his brother Sanjay Mandal, Hare Ram Mandal, father Yogendra Mandal and mother Jithi Devi abused them as well as they also chased to assault.

(3.) After registration of Bhimpur P.S. Case No.15 of 2012, investigation taken up and after completing the same, chargesheet was submitted paving the way for trial before the Court of Sessions wherefrom, vide the judgment impugned, others were acquitted. However, finding of guilt followed with sentence has been recorded against the appellant, subject matter of instant appeal.