KARI SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) AJAY Kr.Tripathi, J. Kailash Bihari Thakur Versus Bihar State Food & Civil Supplies Corporation 1. Appellant Kari Sah has been convicted and sentenced to ten years rigorous imprisonment and also a fine of Rs. 5000.00. In default thereof he has been further sentenced to undergo simple imprisonment for six months for having been found guilty of having committed offence u/s. 376 of the Indian Penal Code.

(2.) AS per the prosecution story on 9.11.1998 the parents of the victim girl, namely, Mustkima aged about five years was sent to fetch salt from a village shop at about 1.30 P.M. It is stated that the girl came crying back home and she complained to her mother pointing to her private part that she has been assaulted. The mother found injuries as well as bleeding from the private part of the victim girl. There was a hue and cry in the family which gathered the attention of the other villagers. They decided to confront the appellant. The girl pointed out towards the appellant as the person who has assaulted her and thereafter he tried to escape but the crowed apprehended him and brought him to the police station.

(3.) DURING the course of trial the defence introduced two story as a reason why the appellant had been falsely implicated in this case: (1) That the father of the victim owed some money to the appellant and merely because he was insistent for its payment he has been falsely implicated. (2) Other reason given is that there was pressure upon the appellant to enter into matrimony between the minor daughter, the victim, and the son of the appellant and since he has refused to do so he has been implicated in the case. But then the court below has also recorded and held that the above two pleas of the defence are not supported by any evidence and the same cannot be considered to give the benefit of doubt to the appellant.