(1.) Appellant Satyendra Singh has been found guilty for an offence punishable under Section 354 of the I.P.C. and sentenced to undergo R.I. for two years vide judgment of conviction and order of sentence dated 17.04.2015 passed by the 1st Additional Sessions Judge, Darbhanga in Sessions Trial No.237 of 2009.
(2.) Pw-3, the alleged victim (name withheld), filed written report on 30.01.2009 for an occurrence dated 25.01.2009 alleging inter alia that on 25.01.2009 at about 1.00 p.m. while she alone was picking firewood at a Mango Orchard belonging to Ganesh Singh and Raju Singh, at that very time, Satyendra Singh, son of Heera Prasad Singh of village-Ghosrama came from behind, caught hold her, lifted her after gagging her mouth from her wrapper and then, took her to mustard field of Sunil Singh and committed rape after threatening of dire consequence. He escaped thereafter. She lifted the slipper (Chappal) of aforesaid Satyendra Singh, which he left during course of fleeing, came to her house and narrated the event to her husband as well as mother-in-law. Then her husband had gone to the place of Sarpanch, who had instructed not to file a case as the matter will be sorted out at his level, but as he failed and during midst thereof, her husband had assaulted Satyendra Singh for which, the Sarpanch took adverse, did not opt to proceed furthermore, whereupon the matter has been reported.
(3.) After registration of Hayaghat P.S. Case No.05 of 2009, investigation commenced and concluded by way of submission of chargesheet followed with the trial which ultimately concluded in a manner, subject matter of instant appeal.