MITHILESH KUMAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Amicus Curiae Mr. Amrit Anunay for the appellant and learned APP for the State on this criminal appeal.

(2.) This criminal appeal has been preferred against the Judgment and Order of conviction dated 07.02.2013 and Order of sentence dated 13.02.2013 passed by Sessions Judge, Katihar in Sessions Trial No. 300 of 2010 arising out of Dandkhora P.S. Case No. 46 of 2009 whereby the learned trial court acquitted the accused Jagadish Prasad Das and convicted the accused Mithilesh Das for the offence punishable under Section 376 of the Indian Penal Code and sentenced him to undergo R.I. for seven years and also slapped him with the fine of Rs. 25000/- and in case of default of payment of fine to further undergo R.I. for one year under the aforesaid Section.

(3.) Factual matrix of the case is that Dandkhora P.S. Case No. 46 of 2009 was instituted under Sections 376 and 120-B of the Indian Penal Code against the accused Mithilesh Das and Jagdish Das on the basis of the complaint petition filed by Dulari Kumari, daughter of Ajit Das on 13.07.2009 with the allegation in succinct that the informant happens to be minor aged about 14 years. In the month of February 2009 while she was standing in front of her house, abruptly Mithilesh Das approached her and took her to the cow shed of Dhurkheli Das for sweeping. As soon as she went there, Mithilesh Das forcribly shoved her on the ground and stripping of her attire committed rape against her gagging her mouth extending threatening of dire consequence to her and her family members. In the month of April 2009 at around 12 O'clock, when the informant had gone to her maize field to fetch grass, Mithilesh Das arrived in her field and shoving her in the field forcibly committed rape against her extending threatening of dire consequence to her. Further allegation is that on 06.07.2009 at around 7 PM while the informant was regressing to her house from a shop after fetching some articles and arrived near the cow shed of Dhurkheli Das, Mithilesh Das pressing her mouth took her in the said cow shed and shoving her on the ground and stripping of her attire forcibly committed rape against her extending threatening of dire consequence to her and alluring to perform marriage with her in case of keeping mum. But responding the screaming made by the informant, locals congregated there and witnessed the informant nude and accused Mithilesh Das escaping from the cow shed. When the villagers approached the father of Mithilesh Das namely Jagdish Das to make complain against him, he averted the matter and made his son escape from the village. Thereafter, a panchayati was organised in the village on 07.07.2009 and Jagadish Das gave assurance to present his son before the punches, but in vain. On 09.07.2009, again Panchayati was organised and in the said panchayati, Jagadish Das refused to perform marriage of his son with the informant and offered to settle the matter taking money. Then the informant filed this complaint case. Aforesaid complaint petition was sent to the P.S. under Section 156(3) for registration and investigation of the case.