SOMAI DEOGAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 30.4.93 passed by 1st Addl. Sessions Judge, Singhbhum West at Chaibasa in S.T. No. 374/91 thereby and thereunder the sole appellant was found guilty under Section 377 of the I.P.C. and he was convicted and sentenced to undergo R.I. for five years.

(2.) THE prosecution case in short is that the victim girl Sarsawti Icha Gutto of village Bhoya, P.S. Sadar at about 6.30 P.M. or so after purchasing rice beer (Haria) from the local shop of the village and when she was returning in her residence then on the way the appellant asked her to come immediately after keeping the rice beer in the house as he had got some urgent work with her. The victim girl after keeping the rice beer in the house came to the appellant and enquired about the work then the appellant apprehended her and put a bed sheet which he was holding and took her near a lonely place in the village near railway line and got the victim girl naked and committed rape and after that in that very place sodomy was committed causing injury and bleeding. After commission of sodomy the appellant brought the girl near the village and threatened her not to disclose this fact to any body. However, when the victim girl came to her residence and interrogated by her mother then she disclosed everything and this matter was also disclosed to some relations. On the next morning the appellant was apprehended by the villagers and the village Mukhiya and Munda and the victim girl alongwith her relations and the apprehended accused had gone to P.S. where she lodged the F.I.R. on the next date of occurence at about 2.30 P.M. and on that basis this case was instituted against the appellant under Sections 376/377 of the I.P.C.

(3.) IN the trial court appellant claimed himself innocent and denied to have committed rape or sodomy and two fold defence was made out in the court below. Firstly that he was trapped in this case only for the reason that the parents of the victim girl wanted to marry her girl with him and secondly defence was taken that as the cousin brother of the victim girl had some enmity with the appellant he had been falsely implicated by concocting a case of rape and sodomy. The trial court believed the prosecution story so far as allegation of sodomy is concerned and convicted him in the manner indicated above. But recorded a finding of acquittal so far as allegation of rape under Section 376 of the I.P.C. is concerned. Being aggrieved by and dissatisfied with the order of the court below this appeal had been preferred challenging the finding of the court below on various grounds.