SIDHI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Section 376 of the Indian Penal Code and has been sentenced to rigorous imprisonment for seven years. He has further been convicted under Section 480 of the Penal Code and has been sentenced to undergo rigorous imprisonment for three years. Both the sentences have, however, been ordered to run concurrently. It appears that one Ambika Singh was also an accused in the case, but he died before the trial was taken up.

(2.) The prosecution case is that in night between 22th and 23rd May, 1975 the prosecutrix, namely, Sona Devi, was sleeping in her house, all alone on a cot as her husband was away in field. At about 11 p.m. she was disturbed from her sleep by some sound and then she saw the present appellant and accused Ambika Singh standing near her. On seeing them, Sona Devi wanted to raise alarm, but they over-powered her and also put some cloths in her mouth. They also put her neck inside the ardwani of the cot. Thereafter both those persons committed rape upon her one after another. After satisfying their lust those two persons picked up her box containing clothes and ornaments and look it away. They also removed the ornaments from her person. After their departure she removed the cloth from her mouth and started crying which was initially heard by Sri Chand Mahto (P. W. 2). On hearing her cries P. W. 2 also raised alarm, where upon P. W. 8 Lakhan Mahto and P. W. 4 Chandrika Mahto and P. W. 6 Bindeshwari Mahto, who was ths husband of the victim lady, went to the boring of P. W. 2 and from there all of them went together to the place of occurrence and learnt about the occurrence from Sana Devi. It has further been stated by them that they had seen the appellant and deceased Ambika Singh scaling over the wall of the house in which ths victim girl was sleeping and also fleeing away from there. After sometime P. W. 6 took Sona Devi to Nawadah Sadar hospital where her fardbeyan was recorded the following day at 10 a.m. On the basis of the fardbeyan a case was registered at Akbarpur police station. After usual investigation the police submitted charge-sheet against the appellant as well as Ambika Singh. As said above Ambika Singh died before the trial could be taken up, and the appellant has been convicted and sentenced as per the details given above.

(3.) The defence of the appellant was that there was caste rivalry between Koiris and Bhurmihars of the village in question and litigations were going on between them. The prosecutrix and the prosecution witnesses belong to Koiri community, whereas both the accused persons belong to Bhumihar community. It is said that this was the cause of their false implication.