DAYANAND YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Dayanand Yadav has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and he has further been convicted under Section 3(xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and sentenced to undergo rigorous imprisonment for two years vide judgment and order dated 1.8.2003 and 2.8.2003 respectively passed by Sri Abdul Nasir Khan, the then 1st Additional Sessions Judge-cum-Special Judge, Munger, in Sessions Trial No. 399 of 2001.

(2.) Prosecution case as appears from the fardbeyan of Suma Devi (PW 9) , who is said to be grandmother of the victim Rita Devi, in short, is that on 25.2001 when she reached at her house in village Balouri at 7 A.M. to see her Mousi (aunt) Rupa Devi, who died on 24.2001, there where she was informed by one Gita Devi (PW 2) that her granddaughter Rita Kumari, aged about eight years, was raped by villager Dayanand Yadav (appellant) , upon which she enquired about the matter in her house and lady members of the house narrated that on 24.2001 at 7.30 P.M. accused Dayanand Yadav came at the darwaja of informant, called upon the informant but as there was no male member in her house, her granddaughter Rita Kumari having heard the call came out of the house, upon which appellant Dayanand yadav gagged her mouth, took her away in his lap at a distance of half kilometer from the village near Pipal tree and committed rape and brought her to Khalihan situated in western side of the village and threatened her to kill if she would narrate the matter to anyone. Further prosecution case is that at 9 P.M. the victim Rita Kumari came to the house in weeping condition and narrated the said fact. Further prosecution case is that victim Rita Kumari sustained swelling injury in her private part.

(3.) On the basis of aforesaid fardbeyan Lakhisarai P.S.Case No. 59 of 2001 was registered and after cognizance and commitment the case traveled to the file of the learned Trial Judge for trial and disposal.