DABLOO SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel 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 31.01.2013 and order of sentence dated 05.02.2013 passed by learned Additional Sessions Judge, Lakhisarai in Sessions Trial no. 08 of 2008 arising out of Barahiya P.S. Case No. 54 of 2007 whereby the learned trial court convicted the accused Dabloo Singh for the offence punishable under Sections 376 of the Indian Penal Code and sentenced him to undergo R.I. for seven years and also slapped him with a fine of Rs. 10,000/- and in default of payment of fine to further undergo R.I. for one year under the aforesaid Section.

(3.) The factual matrix of the case is that Barahiya P.S. Case No. 54 of 2007 was instituted under Section 376 of the Indian Penal Code against accused Dabloo Singh on the basis of statement of Pardesi Das S/o Late Harkhit Das recorded on the P.S. Barahiya on 12.03.2007 at 03:30 PM with the allegation, in succinct that in the morning of 12.03.2007, he along with his wife Anar Devi and daughters, namely, Vina Kumari aged about 10 years and Kajal Kumari aged about 8 years had gone to the field of Lago Singh to harvest Khesari crop. At around 1:00 PM, he asked his daughters to go to the house and fetch potable water as there was no arrangement of water there. In the meantime, Pankaj Das and Pravin Das arrived at him and informed about committing of some occurrence against his daughter in the hump located at 30-40 yards of his house. On the said information, he along with his wife rushed to his house, on the way, he learnt that his daughter Vina Kumari was lying senseless in the field of Niranjan Singh and wife of Company Paswan took her to his house. Then he and his wife arrived at his house and grilled Vina. On grilling, she divulged that when she had gone outside of her house in search of her sister Kajal after keeping firewood at her house, Dabloo Singh met her near the wheat filed of Niranjan Singh and he dragged her inside the wheat field forcibly and gagging her mouth shoved her on the ground, striped off her salvar and committed rape against her. He also inflicted injury on her cheek. by means of nail and pressed her neck. There was stain of blood and semen on the frock and salvar of his daughter. After committing rape, Dabloo Singh made good his escape and his daughter fell senseless, who was taken to his house by the wife of Company Paswan.