BAHADUR SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Appeal is directed against the judgment dated 3.5.2014 and order dated 8.5.2014 passed by Sri Subodh Kumar Srivastava 5th Addl. Sessions Judge, Muzaffarpur in Session Trial No. 277 of 2013, by which the sole appellant has been convicted under Section 376 of the Indian Penal Code (hereinafter to be referred as the 'I.P.C'.) and sentenced to undergo R.I. for ten years and also sentenced fine of Rs. 25,000/- payable to the victim as compensation to her.

(2.) The prosecution case in short is that one Guriya Kumari daughter of Shyam Babu Sahni lodged a typed written report before the S.P., Muzaffarpur on 20.12.2011 that on 18.12.2011 at 07:00 P.M. she was at her door, when the accused-appellant, Bahadur Sahni @ Gulten Sahni came and asked about her father and she answered that he is coming, thereafter, he gagged her mouth and lifted and took her to bamboo clump and thrashed her on the ground and committed rape upon her. Further case, as per the written report is that she cried and then her father and other villagers came there and then he left her and fled away from there.

(3.) The aforesaid written report was sent to the police for institution of the case and the S.P., Muzaffapur also directed for supervision by the Dy.S.P., Muzffarpur. On the basis of aforesaid direction of the S.P., Muzaffarpur, Paroo P.S.Case No. 287 of 2011 was registered on 21.12.2011 under Section 376 IPC and she was sent for medical examination and after completion of the investigation, the police submitted charge-sheet against the appellant. It further appears that the cognizance of the offence was taken and after commitment, the case ultimately came for trial and disposal to the court of Sri Subodh Kuamr Srivastava 5th Additional Sessions Judge, Muzaffarpur.