CHANDAN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) JUDGMENT :- There is single appellant before this Court who stands convicted under Sections 376 and 366 of the Penal Code and sentenced to undergo rigorous imprisonment for seven years and five years respectively under the two counts. The sentences are directed to run concurrently.

(2.) The prosecution case was instituted on the basis of the written complaint (Ext. 2) submitted by the prosecutrix Pawan Rekha Devi P.W. 6 to the Superintendent of Police, Codda on 27-1-1997. The Superintendent of Police sent her along with her written complaint to Meharma P.S. where on 28-1-1997, at 2.15 p.m., a formal first information report was drawn up incorporating the written complaint and giving rise to Meharma P.S. Case No. 6 of 1997.

(3.) In her written complaint the prosecutrix stated that on 16-1-1997 at about 4 p.m. while she had gone to the washerman's shop, the appellant forcibly abducted her on the point of a pistol and carried her to a nearby sugar cane field. There he kept her detained for about two hours and at about 6 O' Clock took her to the orchard adjacent to the petrol pump at Govindpur. He also beat her up several times when she tried to get away from there. At about 8 O' Clock he tied up her hands with a muffler and committed rape on her. He then brought her to Firozpur, all the while threatening her with the pistol. The prosecutrix's infant child was sleeping in a temple at Firozpur. When she wanted to see her the informant took her there and then put the prosecutrix and her child in a car, covered her eyes and after about an hour's journey took her out of the car at an unknown place. There were two more persons with him whom the prosecutrix was unable to identify as her eyes were covered. He kept her there for ten days and ten nights and committed rape on her once or twice every day. It was further stated in the written complaint that on 27-1-1997 (the date when the complaint was prepared and submitted) she somehow escaped from that place and came to Godda and was reporting the matter to the Superintendent of Police.