DEVENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo R.I. for seven yeas and further been convicted under Section 506 of the IPC and sentenced to undergo R.I. for six months and also convicted under Section 448 of the IPC and sentenced to undergo R.I. for three years, vide judgment and order dated 26.7.2003 passed by Sri Rajendra Sinha, 2nd Addl. Sessions Judge, Madhubani in Sessions Trial No.112 of 2002. All the sentences were directed to run concurrently.

(2.) The prosecution case as per the informant Harihar Devi (P.W.4) is that the husband of the informant was living outside for earning his livelihood for 1 1/2 years and in the meantime, appellant Devendra Yadav started coming in his house and tried to persuade her for having physical relationship and on her refusal, on the point of pistol thrashed her down and committed rape upon her. It is also alleged that the informant did not disclose it due to social fear. It is also her case that at the house only father-in-law of the informant Dhakai Yadav was residing in addition to the informant. It is also the prosecution story that during this period the accused committed rape several times on the point of pistol. In the meantime, the informant became pregnant on which accused gave her poison to kill her pregnancy and told that all things will be O.K. and the informant went to her father's house and disclosed it to her Bhaisur and her husband and they came with her to the police station and a case has been lodged. The prosecution case is also that earlier a panchayati was also held.

(3.) On the basis of the aforesaid fardbeyan, Phulparas P.S.Case no.182 of 2001 was registered and the police after investigation submitted charge-sheet, cognizance has been taken and the case has been committed to the court of sessions, which ultimately came to the court of Sri Rajendra Sinha, 2nd Addl. Sessions Judge, Madhubani for trial and disposal.