SUBODH KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Vide judgment of conviction dated 28.02.2017, appellant Subodh Kumar has been found guilty for an offence punishable under Section 376 of the I.P.C. and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs. 50,000/- and in default thereof, to undergo R.I. for two years, additionally, with a further direction that the period having undergone during course of trial would be subject to set off in accordance with section 428 of the Cr.P.C., 1973 vide order of sentence dated 03.03.2017 passed by the 4th Additional Sessions Judge, Darbhanga in Sessions Trial No.50 of 2015.

(2.) Name withheld victim/informant (PW-5) filed Complaint Petition No.1842 of 2013 on 07.11.2013, showing the date of occurrence from 15.02.2013 to 03.11.2013, having an allegation that accused Subodh Kumar happens to be her neighbour as well as distant relative on account thereof, are on visiting term. It has further been disclosed that on 15.02.2013, the family members of the informant had gone to participate in Saraswati Puja, whereupon she was alone. At about 1.00 p.m. accused Subodh Kumar came at her house, inquired about the other family members and then, having been divulged by the informant that they all have gone to participate in Saraswati Puja, he indulged in gossiping with her. Later on, she came inside her house leaving him at her door, who followed her and after closing the door, took control over her, gagged her mouth and then, committed rape. Thereafter, she began to weep, whereupon Subodh consoled her and said that he will marry. He further instructed not to disclose to anybody on account thereof, she kept mum. Subsequently thereof, on the pretext of promise of marriage, Subodh continued with physical intimacy as a result of which, she became pregnant. She divulged the fact to Subodh and requested him to marry, but he began to push the matter ahead on one pretext or the other, whereupon she disclosed the event to her parents. On 31.10.2013, her father convened a Panchayati wherein it was resolved that accused should marry with her on the same day and the venue was fixed at Shyama Temple, Darbhanga where all her family members arrived, but neither Subodh nor any of his family members came. Then thereafter, she got herself examined by a doctor on 01.11.2013, who found her pregnancy to be of eight months. It has also been divulged that on 03.11.2013, her family members had gone to the place of accused and requested to marry, which was not only turned down rather her family members were also assaulted.

(3.) The aforesaid complaint petition was referred to local police for registration and investigation of the case as provided under section 156(3) of the Cr.P.C., 1973 Accordingly, University P.S. Case No.219 of 2013 was registered, investigated, followed with submission of chargesheet. Accordingly, trial commenced and concluded whereunder other co-accused were acquitted while appellant has been convicted and sentenced for in a manner as indicated hereinabove, subject matter of instant appeal.