KAILASH YADAV @ KAILA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned APP for the State on this criminal appeal.

(2.) This criminal appeal has been preferred against the Judgment and Order of conviction dated 23.01.2013 and order of sentence dated 31.01.2013 passed by Ad hoc Additional Sessions Judge-II Banka in Sessions Trial No. 1114 of 2009 arising out of Katoria P.S. Case No. 187 of 2009, whereby the learned trial court convicted the accused Kailash Yadav @ Kaila for the offence punishable under Sections 307, 376/511 and 324 of the Indian Penal Code and sentenced him to undergo R.I. for five years and also slapped him with the fine of Rs. 20,000/- under Section 376/511 of the Indian Penal Code, R.I. for 10 years and also slapped him with the fine of Rs. 30,000/- under Section 307 of the Indian Penal Code and further sentenced him to undergo R.I. for one year and slapped him with the fine of Rs. 10,000/- under Section 324 of the Indian Penal Code and in default of payment of fine to further undergo S.I. for two years. All the sentences were directed to run concurrently.

(3.) Factual matrix of the case is that Katoria (Jaipur O.P.) Case No. 187 of 2009 was instituted under Sections 376/511/307/324 of the Indian Penal Code against the accused Kailash Yadav @ Kaila on the basis of the fardbeyan of Churka Kisku, Son of late Rangata Kisku recorded by A.S.I. Digvijay Singh of Katoria (Jaipur O.P.) at 02:30 PM with the allegation in succinct that on 07.09.2009 at around 8 AM, his daughter Maharani Kisku aged about 10 years was proceeding to her school located in Charka Pathar. On the way, Kailash Yadav @ Kaila interrupted her near the Beliadih river and offered her to make her cross the river, but after crossing the river he shoved her on the ground and tried to commit rape against her. When the girl started making hulla, he stabbed on her face in order to do away with her life making her face badly injured and then left the scene dumping her in the mid stream of the river. One Radhe Shyam Manjhi gave the information of the occurrence to him at 1 PM and on the said information they rushed to the river and found her badly injured there. On grilling, she divulged the entire occurrence to him.