RAJENDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. The sole appellant Rajendra Rai stands convicted under Section 376 of the Penal Code and sentenced to undergo imprisonment for a period of ten years and also to pay a fine of Rs. 2000/ - and in default to undergo rigorous imprisonment.

(2.) The prosecution case was instituted on the basis of a written report (Ext. 4) submitted by Sachindra Sah, the father of the victim Neelam Kumari at Bidupur police station on 24.5.1987 at 10.45 a.m. A formal F.I.R. (Ext. 1) was drawn up incorporating the written report and giving rise to Bidupur P.S Case No. 099/1987.

(3.) In the written report, it was stated that on 18.5.1987 around 10 -1 I a.m. the informant's daughter Neelam Kumari, aged about 12 years had gone towards village Phulpura for collecting firewood. She returned at about 4 -5 in the evening and said that at about 12 in the noon while she was collecting dried wood in the orchard of Awadh Kishore Mishra towards the north of Phulpura village, the appellant came there and dragged her towards some bushes. He committed rape on her and when she tried to raise an alarm gagged her mouth with a piece of cloth. After fully gratifying himself the appellant left her and fled away. It was further stated that the informant then told some of his co -villagers about the occurrence. The appellant and members of his group gave threat that any attempt to institute a case would lead to dire consequences. The informant thus intimidated did not come out of his house. The villagers fixed a panchayti on 23.5.87 but the appellant or his father did not come for the panchayti. Thereafter the informant somehow managed to stealthily go to the police station to report the occurrence for taking suitable action.