NITIYANAND SAH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the sole appellant Nityanand Sah who has been convicted by the learned 1st Additional Sessions Judge, Araria for the offences under section 376 and 396 of the Indian Penal Code and has been sentenced to undergo imprisonment for life and 10 years respectively vide judgment dated 13.09.1994 in Sessions Trial No. 479 of 1992.

(2.) The prosecution case as appearing from the Fard-e-beyan of Mahavati Devi (PW2), aged about 15 years, an illiterate girl is that in the past night, all of a sudden, 10-12 miscreants entered in the courtyard (AANGAN) of her house and confined her father; one Dibiya (a kind of candle) was burning in the courtyard. The miscreants took away Rs. 500/- from the room of her Bhabhi and when her mother came out of the house on call then one person entered into the house and by putting them under threat of a knife caught hold of the hand of this informant. This informant alleged that when she switched on her torch, she saw in the torchlight that the said miscreant was Nityanand Sah (the appellant). It is alleged that the appellant asked the informant to switch off the torchlight and asked her to remain silent otherwise she would be killed. The informant further alleged that her mouth was pressed by a GAMCHHA (a piece of cloth normally kept by a villager on his body) and put her down and thrust himself upon her body. The informant alleged that the said Nityanand Sah (appellant) penetrated the private part of the informant and committed rape. The informant further alleged that on HULLA the people of the Mohalla came there and have also identified the appellant while fleeing.

(3.) The Fard-e-beyan of the informant was recorded by an S.I. of Police and two witnesses Indra Lal Sah and Bindi Devi put their signature and thumb impression respectively on the Fard-e-beyan. In course of trial the Fard-e-beyan has been exhibited as Ext.5. A formal F.I.R. giving rise to Yogbani P.S. Case No. 0082 of 1992 dated 28.07.1992 was recorded. The formal F.I.R. has been exhibited as Ext. 8.