UMA CHAUHAN AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. N.A. Shamsi learned counsel for the appellants and Mr. S.M. Rahman APP for the State.

(2.) This appeal arises out of judgment of conviction dated 23.12.2008 and order of sentence dated 24.12.2008 passed by the Additional Sessions Judge, Fast Track Court No. III in Sessions Trial No. 812 of 2008 arising out of Ariari P.S. Case No. 61 of 2008, by which appellant No.1 has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo R.I. for ten years.Appellant no.2 has been convicted under Section 376/120B of the Indian Penal Code and sentenced to undergo R.I. for ten years.

(3.) The prosecution case, in nutshell, as per the fardbeyan of Kavita Kumari recorded before the S.I. of Ariari Police Station is that on 31.05.2008 whileshe was sitting in front of the house of Bisheshwar Thakur in her neighborhood after about an hour Sunita Devi came to her with a request to comb out her lices and thereafter she went inside the house of Sunita Devi on her request. For sometime Kavita Kumari picked up her lices and thereafter Sunita Devi asked her to stay there. She herself went out of the house and bolted the door from outside. Kavita Kumari asked as to why the door is being bolted from outside and, in the meantime, Uma Chauhan appeared abruptly and caught her. It was further alleged that when she raised hulla then he covered her mouth and took her inside a thatched room where a cot was lying. She was thrown on the cot and her dress was put off. She raised hulla but at the point of pistol she was forced to keep mum. She was threatened to kill and thereafter appellant no.1 Uma Chauhan committed rape with her twice. She became unconscious and at about 3 pm wife of Visheshwar Thakur namely Chamela Devi came at the house of Sunita Devi then she regained consciousness. Sunita Devi helped her to return back to her nani house through Chappar/roof of the accused Uma Chauhan which was adjacent to the house of Sunita Devi. Kavita Kumari narrated the incident to her nani, mami and mameri bahan. The matter was also reported to her mother who came to village Rajora in the late night and in the morning the incident was reported to the Police. The fardbeyan was recorded in presence of Sita Devi and mameri bahan namely Rita Kumari who also put their RTI and signature respectively on the fardbeyan.