DINESH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE instant appeal is filed by all the four appellants against the judgment and order dated 24.02.2006 passed by Shri Syed Jafar Hussain, Special Judge, SC/ ST (P.O.A.), at Purnia in Special Trial No. 10/2002 bearing G.R.No 18/2001. By the impugned judgment the learned trial court convicted all the appellants under sections 307 and 376 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for 10 years. The learned trial court further convicted and sentenced the appellants to under go Rigorous Imprisonment for 10 years under section 3(x) and (xi) of Scheduled Caste and Scheduled Tribe Act. The appellants were further sentenced to undergo Simple Imprisonment for three years under section 323 of the Indian Penal Code. However, no separate sentence was passed for their conviction under section 379 of the Indian Penal Code.

(2.) THE complainant, Lucky Devi, filed a complaint being complaint no. 1433(c)/2000 on 02.12.2000 before the Chief Judicial Magistrate, Kishanganj. The learned Chief Judicial Magistrate endorsed the case to the police for institution of a case under section 156(3) of Cr. P.C. Consequently,the police on 05.01.2001, registered Kishanganj P.S. Case No. 05/2001, under sections 376,307,379,326,323/34 of the Indian Penal Code and 3(x) (xi) of Scheduled Caste and Scheduled Tribe Act.

(3.) THE prosecution case in short is that in the morning of 20.11.2000, the complainant was in her house along with her elder daughter Reena Devi and her husband Ajay Das, (P.W.2). After some time, her husband left for Catax chowk, and the informant also went to Dharamganj chowk for some work. It is alleged that taking advantage of the absence of informant and her husband at the house, the four appellants with the aid of one Raju Das committed rape on her daughter, and also tried to burn her while she was cooking food in the kitchen. On hearing the news that her daughter received burnt injuries, she rushed back home. Her daughter narrated the whole occurrence to her. Reena Devi revealed that accused raped her. They had gagged her mouth with a sari so that she may not shout. As Reena Devi, (P. W.4) threatened that she will report the matter to her parents, all the five accused poured kerosene oil on her and set fire with aid of match stick. The neighbour on seeing smoke billowing came and saved her. The informant lifted her with the aid of other villagers and took her to the hospital. It is alleged that accused even spied on them in hospital. She claims that the accused in collusion with police got a wrong statement of Reena Devi recorded. After some time her husband namely, Ajay Kumar Das, (P.W.2) also reached hospital. On 01.12.2000 the complainant's husband Ajay Das came to his house to collect blanket, bed sheet etc, for her daughter who was still in the hospital. To his surprise he found that in their absence some miscreants forcibly intruded in the house and committed theft .The locks of doors were broken. He found many things missing. He also found some of the belongings strewn in the adjacent premises of accused/appellant Dinesh Sharma .His hut in short was ransacked. When the informant's husband made a protest to appellant Dinesh Rai and others who were still in the latter's house they assaulted him with lathi and fists, called him names and also threatened him to leave the land and house otherwise he would be killed. The informant's husband sustained injuries on face. It is further the prosecution case that some time back the accused persons had gone to her daughter's sasural on their own and persuaded her to accompany them to naihar by putting a false plea that her parents wanted her home as they were not well. The accused/appellants brought her first to Motibag where they committed rape on her for three days. Thereafter, they kept her at Rampur chowk, where also they committed rape on her continuously for two to three days. When informant came to learn that her daughter was confined at Rampur Chowk by the accused/appellants she went there and brought her back home.