TALESHWAR HASDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against judgment of conviction dated 14.11.2014 and order of sentence dated 15.11.2014 passed by the 2nd Additional Sessions Judge, Purnea in Sessions Trial No.928 of 2011 whereby and where under appellant, Taleshwar Hasda @ Juhlu Hasda has been found guilt for an offence punishable under Section 376 of the I.P.C. and sentenced to undergo rigorous imprisonment for 10 Years as well as to pay fine appertaining to Rs. 10,000/- and in default thereof, to undergo rigorous imprisonment for one year.

(2.) Name withheld, victim (PW-7) filed written report on 19.05.2011 alleging inter alia that her husband happens to be at Punjab. On 18.05.2011 at about 5.00 p.m., she had gone to her maize field in order to scrap grass and during course thereof, her co-villager Taleshwar Hasda @ Juhlu Hasda came, threw sickle from her hand, pushed her, gagged her mouth with her Sari and then, began to commit rape. She tried her best to come out of his grip as well as she also attempted to raise an alarm, but could not succeed. After commission of rape, he flew. She, anyhow came to her house. During midst of way, she felt dizziness, she vomited. She happens to be pregnant of six months and on account thereof, she suffered great pain on account of rape. After reaching at house, she narrated the event to her Gotni, Sabita Devi and others whereupon the other family members including villagers assembled, who after coming to know about the occurrence apprehended the accused, who was produced along with the written report.

(3.) The aforesaid written report lent registration of Barhara P. S. Case No.45 of 2011, whereupon investigation was taken up which concluded by way of submission of police report paving way for trial which met with ultimate result, the subject matter of instant appeal.