PRAKASH MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY this judgment two criminal appeals (Cr. Appeal No. 326/98 and Cr. Appeal No. 65/98) Which have arisen from Sessions Trial No. 465 of 1997 on the file of 3rd. Additional Sessions Judge, Bhagalpur, are being disposed of.

(2.) MUNNA Mehtar @ Munna Sweeper, who has preferred Cr. Appeal No. 65/98 has been convicted under section 376 I.P.C. and sentenced to ten years imprisonment. He has also been directed to pay fine Rs. 10,000/ - and in default, to undergo R.I. for two years. Appellant Prakash Mandal, who has preferred Cr. Appeal No. 326/97, has been convicted under section 376/109 I.P.C. and has been sentenced to seven years imprisonment and to pay a fine of Rs. 5,000/ - and in default, to undergo R. I. for one year. Both the appellants were employed as sweepers in Government Hospital, Bhagalpur. The prosecutrix Miss Nirola Murmu and her sister Helena Murmu were also employed in the same hospital.

(3.) THE prosecution case has been narrated by the trial court as follows : "On 13.2.97 at 12.30 PM. one Miss Nirola Murmu daughter of Late Sukul Murmu, resident of village Bena Gara P.S . - Shikaripara, District Dumka, at present posted as 4th grade employee in Sadar Hospital Bhagalpur gave her fardbeyan, before the Kotwali Police Station that she is an unmarried girl aged about 29 years. Nirola was appointed on 4.1.97 in Jai Prakash Narain Sadar Hospital, Bhagalpur as 4th Grade employee. She was residing with her sister Helena Murmu in the Hospital premises. On 12.2.97 at 12 noon after finishing her duty in the Hospital she was about to go, the same time accused Munna forcefully tried to give the key of outdoor Hospital to Nirola. On refusal by Nirola to take the key one Hriday Narain who is the Compounder in the same Hospital asked her to take the key and that will create no problem. Nirola took the key and went to her residence. At about 4.00 P.M. Munna Mehtar came to the residence of Nirola and told that Civil Surgeon Shaheb and other are standing on the gate and asked her to expeditiously to go with key there. It is further stated that Nirola tried to give the key to Munna but he did not take it and asked her hereself to go there. It is further stated that Nirola went to the outdoor but she saw none there. She went behind the outdoor Hospital and searched Munna Sweeper where she found Munna there She gave the key to Munna and she was about to return back but Munna told her to wait for ten to fifteen minute because Shaheb was about to come. It is further stated that Nirola and Munna sat there. Then Munna told her to open the windows. She went to open the windows. In the meantime, Munna came from behind and took her into his grip and asked her to marry with Munna. Munna further told that he wants to see her whole body bare and he started forcefully dragging her. In the meantime accused Prakash Mandal came with a revolver and gave it to Munna and went outside. It is further alleged that Munna at the point of Pistol told Nirola that if she will make any protest or alarm he will shoot at. Then Munna threw Nirola on the ground, tore her Shalwar and underpant. He also opened his own pant and penetrated his penis inside vagina of the victim and committed rape. The informant victim has further alleged that she kept mum due to fear and accused Munna committed rape against her and told that wherever and whenever Munna will call Nirola she must make hereself present for Munna. The victim came to her residence and told the occurrence to her sister and her sister told regarding the occurrence to neighbouring staff. It is further stated that due to late night and absence of any male member in the house and due to fear of accused persons the delayed report was given to the police."