RABINDRA PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Rabindra Pandit has been found guilty for an offence punishable under Sec. 376 of the IPC and sentenced to undergo RI for 7 years by the learned Sessions Judge-Jamui vide judgment of conviction and order of sentence dtd. 17/3/2009 passed in connection with Sessions Trial No. 417/2005.

(2.) As is evident from the record, victim (name withheld) filed complaint petition before CJM, Jamui bearing Complaint Case No. 262C/1997 alleging inter alia that in the midnight of 16/6/1997 while she has gone to meet nature's call near a jackfruit tree, the appellant/accused who happens to be her Devar, caught hold of her and then he raped. On hue and cry, her daughter came and has seen the occurrence. The accused also threatened of dire consequence, in case the matter is reported to any legal authority.

(3.) After registration of Laxmipur PS Case No. 156/1997 investigation was taken up and after concluding the same, final report was submitted whereupon, informant was noticed but even after lapse of so many years she did not turn up whereupon lastly, vide order dtd. 10/9/2004, learned CJM after rejecting the final report, took cognizance of an offence punishable under Sec. 376 IPC and summoned the petitioner to face trial which ultimately concluded by way of recording finding of guilt and sentence impugned, subject matter of the instant appeal.