KAMDEO JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenged in this appeal is judgment of conviction dated 31.01.2015 and order of sentence dated 06.02.2015 passed by the 4th Additional Sessions Judge, Begusarai in Sessions Trial No.19 of 2008, convicting the appellant, Kamdeo Jha for an offence punishable under Section 376 of the I.P.C. and sentenced to undergo R.I. for 10 years as well as to pay fine appertaining to Rs.10,000/-, in default thereof, to undergo S.I. for two months additionally.

(2.) Name withheld (PW-3) gave her fard-bayan on 25.12.2006 at about 4.00 p.m. at Bajrang Chowk alleging inter alia that she had come to her Nani's place about 10 days ago along with her mother. During her stay, she developed headache. Even after taking some medicine, she did not get relief. Then, her maternal grandmother had said that there happens to be one Baba, who by his occultism gets the ailment cured, whereupon she along with her maternal grandmother has come to the place of Kamdeo Jha, who directing her maternal grandmother to sit outside, took her inside hut. When she gone inside the hut, he closed the door and then, directed her to stand straight. Then thereafter, he began to press her both legs with both his hands and then, proceeded in ascending manner. When his hands came over waist, he suddenly opened string of her salwar as a result of which, she became naked, she tried to cover her body. During course thereof, she was forced to lie down, Kamdeo Jha gagged her mouth with one hand and then, pounced upon her and raped. After releasing, she came outside and disclosed the event to her maternal grandmother, who began to raise alarm attracting passers by as well as persons having their presence in surrounding. As soon as people began to assemble, Kamdeo Jha slipped there from.

(3.) On the basis of the aforesaid fard-bayan, Sahebpurkamal P. S. Case No.163 of 2006 was registered under Section 376 I.P.C. followed with an investigation and then, concluding the same, chargesheet was submitted facilitating the trial which concluded in a manner, subject matter of instant appeal.