RAJA BELDAR @ RAJA JAMADAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal is directed against the judgment dated 29.7.2013 and order dated 30.7.2013 passed by Sri Birendra Kumar Singh, 1st Additional Sessions Judge, Hilsa, Nalanda in Sessions Case No.79/1987/Trial No.96/2013, arising out of Ekangarsarai P.S. Case No. 63 of 1986, whereby and whereunder the sole appellant has been convicted under Sections 325/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and a fine of Rs. 3,000.00 and further sentenced him to undergo rigorous imprisonment for ten years under Sec. 376 of the Indian Penal Code and a fine of Rs. 10,000.00 and in default of payment of fine appellant has to undergo imprisonment for one month and three months respectively and sentences were directed to run concurrently.

(2.) From perusal of the record it appears that earlier charges have been framed against altogether five accused persons, including the appellant but during trial all the accused persons absconded and later on appellant and one co-accused have been arrested and thereafter trial has proceeded against those two accused persons but later on the other accused has also absconded and, as such, the trial of the appellant has been separated.

(3.) The prosecution case, in short, is that Ekangarsarai P.S.Case No. 63 of 1986 has been lodged on the basis of fardbeyan of P.W.4, Parbati Devi (victim) and as per her fardbeyan, the case is that on 3.5.1986 she was sleeping in her house and at about 12 at night the appellant along with four other accused persons came and after opening the door, entered inside her house. Further case is that she identified them in the light of "dhibri". It is also her case that they tried to lift the prosecutrix and, however, on her alarm, her gotni Koushlya Devi and her son Satendra Beldar, elder brother-in-law (bhaisur) Budhan Beldar came there and tried to save her, but appellant assaulted her bhaisur Budhan Beldar by lohbandi, due to which he fell down and accused Nandlal assaulted Kaushalya Devi and Bhattu Beldar assaulted Satyendra with lathi, after sustaining injuries the injured persons fled away from there due to fear. Further prosecution case is that all the accused persons took away the victim to Dhaba river and thrashed her and accused Bajrangi caught her legs, Nandlal caught her hands and appellant committed rape upon her and thereafter all the accused persons raped her one by one due to which she became unconscious. It is also the prosecution case that in morning, after regaining consciousness, she came to her house and narrated about occurrence of rape on her.