RAMESH PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) None appears on behalf of appellant, Ramesh Pandit on account thereof, Sri Animesh Kumar Mishra, learned counsel has been requested to assist the court as an Amicus Curiae who, during course of argument properly assisted the court.

(2.) Appellant, Ramesh Pandit has been found guilty for an offence punishable under Sec. 376 of the Penal Code vide judgment of conviction dated 16.01.2015 and sentenced to undergo R.I. for ten years as well as fined Rs.10,000.00 in default thereof, to undergo S.I. for six months vide order of sentence dated 20.01.2015 with a further direction of set off with regard to the period having undergone during course of trial under Sec. 428 of the Crimial P.C. by Additional Sessions Judge, IVth, Patna City, Patna in Sessions Trial No.72 of 2013 / 03 of 2014. The learned trial court also directed that in case fine amount is deposited, then in that event, the same be paid to the victim in lieu of compensation.

(3.) Instant case gives a sordid tale and further speaks how a protector became devil falling under grip of carnal impulse. Appellant is the step father while victim is the step daughter. (Name withheld). It has been alleged at her end by filing a written report on the date of occurrence itself i.e. 05.05.2012 at about 12:00 noon alleging inter alia that her family happens to be tenant in the house of Laleshwar Singh where she resides along with her sister, brothers, mother along with step father, Ramesh Pandit. Her mother and brother used to go outside in order to earn their livelihood. She along with her younger sister used to remain at her house. Today i.e. on 05.05.2012 at about 06:00 AM while her mother and brothers have gone, her step father Ramesh Pandit came inside the room, undressed her and began to commit rape. After satisfy his lust, he threatened that in case of disclosure to anybody, she will be murdered. She remained static. After arrival of her mother as well as brothers, she revealed whereupon, she has been taken to police station by her mother.