RINTU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant Rintu Yadav has been convicted and sentenced to undergo rigorous imprisonment for ten years and imposed a fine of rupees two thousand, in default of which to serve one month's simple imprisonment, for offence under Section 376 of the Indian Penal Code, in Sessions Trial No. 360/93/ Trial No. 41/04, arising out of Barbigha P.S. case No. 196/92, on 6th July, 2004 by Sri Arvind Kumar Srivastav, learned Assistant Sessions Judge, Sheikhpura.

(2.) THE prosecution case, in short, is that on 24.10.1992 at about 12 noon, the informant Rina Kumari along with her sister Bina Kumari had gone to the field of Chormiya Parkhanda within the Barbigha P.S., in the district of Munger (now Sheikhpura), for mowing grass. Meanwhile, they were approached by the appellant Rintu Yadav, who asked for a Hasuwa (a kind of sharp edged weapon for the purpose of mowing grass) and, accordingly, after getting said Hasuwa, by putting them in fear, he caught hold of informant Rina Kumari, gagged her mouth and hands by means of gamchi (a kind of thin towel) and committed 'bura kam' (rape) on the informant Rina Kumari. Her sister Bina Kumari wanted to raise alarm but she was also put in fear. Blood out of such rape, oozed out from her private part and there after the accused/appellant fled away from the place of occurrence. Both the sisters informed their parents and they approached police station where her fardbeyan was recorded and FIR was drawn. Police investigation ultimately culminated in submission of chargesheet, on the basis of which charges were framed and the case was committed to the court of sessions. The accused/appellant pleaded not guilty and he also denied all circumstances appearing against him, in course of his examination under Section 313 Cr.P.C.

(3.) OUT of them P.W. 1 and 2, who happens to be father and uncle of the informant Rina Kumari, have supported the case on the basis of information received from Rina Kumari and Bina Kumari. They also claimed to have seen the blood stained pant. According to them, Rina Kumari at the relevant time of occurrence was 10 years old. They have also stated that Pant and frock were seized by the police Sub Inspector but in the trial court there was no production of pant and frock nor there is any report available with the record so as to infer that blood stained pant and frock were ever sent for any chemical examination. From the medical report, as available with the case diary, her age has been ascertained by the Medical Board, duly constituted, in which age of the victim Rina Kumari has been assessed to be in between 11 -12 years at the time of occurrence.