DEVA NAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE above named three appellants have been convicted to undergo rigorous imprisonment for ten years under Section 376 of the Indian Penal Code. No separate sentence has been awarded under Section 342 of the Indian Penal Code.

(2.) THE prosecution case is that the victim lady was going to ease herself on 26-8-1983 in the evening when it is alleged that the appellants dragged her in a brinjal field and raped her. It is further stated in the First Information Report that she returned to the house and narrated the entire occurrence to her husband and mother-in-law. Her husband went to meet one Rajendra Singh regarding the occurrence. THEre is also statement that a panchayati was held in the house of Lala Singh (appellant) where all the three appellants confessed their guilt and thereafter the case was instituted on the next date i.e. 27-8-1983 at 6 p.m.

(3.) P.W. 2 Devendra Baitha, is the husband of the victim lady. In his chief, he has supported the occurrence as revealed to him by his wife. He has also stated that he contacted Chander Singh alias Chanu Singh, Bipin Singh and Parikshan for holding a Panchayati. He specifically states that his wife disclosed the entire occurrence to the aforesaid Panches and the appellants accepted their guilt in front of the Panches. In the cross-examination he claims that he was married 7 or 8 months prior to the occurrence. He claims that there are about 40 or 45 persons residing in the Tola in which he lives, out of which 25 to 30 houses belong to the Rajputs. He claims that he had a dispute with the appellants prior to the occurrence and the appellants did not visit his house. It is specifically alleged that appellant Deva Nand Singh had assaulted him about 3 or 4 years prior to the occurrence. According to this witness he had visited the place of occurrence where he found signs that the brinjal field was disrupted due to the occurrence. With respect to the Panchayati held, he claims that it was held on the next day i.e. 27-8-1983 at about 9-10 a.m. and several persons about 15 to 20 were present during the Panchayati. He states that he also showed the Panches the brinjal field where the occurrence had taken place and specifically states that the Panches had taken the statement of his wife.