UBED Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Ubed has been found guilty for an offence punishable under Sec. 376 of the I.P.C. and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.20,000.00 and in default thereof, to undergo R.I. for two years, additionally, under Sec. 313/511 of the I.P.C. and sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs.10,000.00 and in default thereof, to R.I. for one year, additionally, with a further direction to run the sentences concurrently vide judgment of conviction dtd. 3/3/2015 and order of sentence dtd. 4/3/2015 passed by the 2nd Additional Sessions Judge, Purnia in Sessions Trial No.242 of 2004/ 852 of 2014.

(2.) Name withheld (PW-6), victim filed Complaint Petition No.1163 of 2001 on 3/11/2001 disclosing the date of occurrence from the last six months to one week prior to the filing of the complaint, showing the place of occurrence to field of the complainant along with her house and further, divulging the prosecution case as she happens to be minor aged about 15 years. About 5-6 months ago at about 4.00 P.M. while she had gone to her field to pluck jute leaves for vegetable, Ubed (appellant) caught hold her, dragged her inside the field and committed rape. At that very moment, he was armed with knife and had threatened of dire consequences, in case she is going to divulge to the extent of murdering her. Being minor, she became afraid of the threatening having at the end of the accused, whereupon she could not disclose. About a week thereafter, while she had gone to same field for plucking jute leaves, accused Ubed, all of a sudden, arrived and again on the pretext of knife, committed rape. Subsequently thereof, he had also committed rape as a result of which, she became pregnant. Her mother, seeing some abnormal symptoms, enquired, whereupon she narrated the incident of rape. Her parents were in a way to police station, were prevented by the villagers on the pretext of getting the matter resolved at the village level itself and for that, Panchayati was convened wherein there was admission at their end and then, the 3 Panchayat resolved that accused should marry with her, but they have not obeyed the dictum of the Panches. On the other hand, all the accused, so named, came with a medicine and tried to administer the same forcibly, which she spat. The witnesses along with neighbours intervened and got her rescued. It has also been disclosed that accused persons are influential person of the locality having their direct connection with the police officials and that being so, complaint is being filed.

(3.) On the basis of the aforesaid complaint, complainant was examined on S.A., other witnesses were also examined during course of an inquiry as provided under Sec. 202 of the Cr.P.C. Complainant was also examined by the doctor as directed, who had found her to be pregnant and then, took cognizance of an offence punishable under Sec. 376 as well as 313/ 511 of the I.P.C. solely against the appellant, which happens to be the basis of trial, meeting with the ultimate result, subject matter of instant appeal.