RAJ KUMAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal (SJ) No. 55 of 2014 wherein Raj Kumar Mandal is the appellant, Cr. Appeal (SJ) No. 101 of 2014 wherein Ramesh Mandal, Jhabru Mandal, Subodh Mandal, Shiv Narayan Mandal are the appellants, Cr. Appeal (SJ) No. 156 of 2014 wherein Manoj Kumar Mandal @ Manna Mandal is the appellant have been heard conjointly and are being decided by a common judgment on account of having arisen from the common judgment of conviction dtd. 17/1/2014 and order of sentence dtd. 18/1/2014 passed by the Ad hoc Additional Sessions Judge 4th, Arraria in Sessions Trial No.737/2003.

(2.) Appellant Manoj Kumar Mandal @ Manna Mandal has been found guilty for an offence punishable under Sec. 376 IPC and sentenced to undergo R.I. for ten years as well as to pay fine of Rs.7,000.00 in default thereof, to undergo SI for one year, under Ss. 493, 313 and 120-B of the IPC, whereunder independently sentenced to undergo RI for 7 years as well as to pay fine of Rs.5,000.00 in default thereof, to undergo SI for 6 months, while appellants Raj Kumar Mandal, Ramesh Mandal, Jhabru Mandal, Subodh Mandal and Shiv Narayan Mandal have been found guilty for an offence punishable under Ss. 313 of the IPC and 120-B of the IPC and separately, independently sentenced to undergo R.I for 7 years as well as to pay fine of Rs.5,000.00 in default thereof, to undergo SI for 6 months with a further direction to run the sentences concurrently.

(3.) Alleged victim (name withheld) filed a complaint petition on 24/8/2001 against all the appellants showing the date of occurrence from 27/1/2001 to 23/8/2001 divulging the fact that she happens to be a minor girl. On the alleged date i.e. on 27/1/2001, while she was coming from a field carrying bundle of grass over her head and as soon as reached near bamboo cluster lying west to her house, accused Manoj Mandal @ Manna Mandal on the point of fire arm forced her to keep silence, dragged her inside bamboo cluster and then committed rape. When she begun to weep, Manoj Mandal consoled her that he will marry but, also threatened not to divulge anybody otherwise she will be murdered. On account of fear as well as prestige of herself along with her family, she had not disclosed the event and taking advantageous position thereof, Manoj Mandal whenever got an opportunity, consummated with her on the false pretext of marriage. Once upon a time, while he was engaged in copulation, was seen by her younger brother Ravindra Mandal, whereupon, Manoj Mandal threatened to his life. In the aforesaid background, she also advised him not to disclose, who on account of threat to life, kept mum. On account of prolonged copulation, she became pregnant. She divulged the fact to Manoj, who assured her not to worry as he will marry with her. Her mother perceiving the same, enquired whereupon, she disclosed the event. Then thereafter, her parents had gone to the place of accused Manoj Mandal, but they on one pretext or other, delayed the matter. On the other hand, Manoj Mandal gave some medicines and said that it happens to be good for her health if it be taken by her and after administering the same, she aborted. Even thereafter, she pressed for marriage which Manoj Mandal declined and in the aforesaid background, Panchayati was convened wherein the accused persons directed to pay Rs.50,000.00 as a dowry, on account of non-payment of the same, accused persons declined to marry.