SANJAY BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has preferred the present appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') against the judgment of conviction and sentence dated 18-02-2013 and 23-02-2013 respectively passed in Sessions Trial No. 195 of 2012 (arising out of Chainpur P.S. Case No. 274 of 2011) by Sri Harendra Nath Tiwary, learned Sessions Judge, Kaimur at Bhabhua (hereinafter referred to as 'Trial Judge'). By judgment dated 18-02-2013, the sole appellant was convicted for commission of offence under Section 376 of the Indian Penal Code, 1860 (hereinafter referred to as 'Trial Judge') and by order dated 23-02-2013, the appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 15,000/- (Fifteen thousand). In case of default in payment of fine, he has been directed to further undergo rigorous imprisonment for one year.

(2.) Short fact of the case is that on 31-12-2011 at 19.30 hrs. (7:30 P.M.), fardbeyan of Keshav Sharma (P.W.2) was recorded by Sub-Inspector of Police-cum-S.H.O., Chainpur (Bhabhua) namely Rajesh Baranwal at village Diha in the house of the informant. The informant in his fardbeyan disclosed that on the same date i.e. 31-12-2011 in the evening at 4:00 PM, he was in his house and was discussing with his wife namely Bimla Devi (P.W.1) and Jaiprakash Bind (not examined), in the meanwhile, his daughter (victim) aged about 7 years weepingly came. Then the informant saw that private part of his daughter was bleeding and on being asked, she explained that while she was returning after throwing waste, co-villager Sanjay Bind (appellant) forcibly lifted her in his lap and carried her in a dilapidated house and thereafter, he forcibly committed rape with her. After listening this fact, the informant and his wife with co- villager Jaiprakash Bind and other number of villagers on lead being given by his daughter (victim) reached the place i.e. the dilapidated house of appellant-Sanjay Bind, which was in the same village i.e. Diha Chainpur, District - Kaimur. At the place of occurrence, he noticed that blood had fallen. In the meanwhile, one co-villager Rukhsana Khatoon (P.W.3) aged about 15 years alongwith other villagers arrived there and started saying that at about 3:30 PM, while after cleaning clothes from a pond she was returning, on the same date, she was caught by Sanjay Bind (appellant), however; anyhow she could be freed from his clutches and fled away. The informant claimed that the appellantSanjay Bind aged about 25 years had committed rape with his 7years old daughter and injured her. The fardbeyan was read over to him, in presence of his wife Bimla Devi (P.W.1) and covillagers Bijesh Singh (P.W.9), and thereafter, the informant put his signature on the fardbeyan, over which, Bijesh Singh (P.W.9) also put his signature and his wife (P.W.1) put her L.T.I. On the fardbeyan, officer incharge made endorsement and thereafter, a formal F.I.R., vide Chainpur P.S. Case No. 274 of 2011, was registered on 31-12-2011 at 9:30 P.M. under Sections 354, 376 of the I.P.C. against the sole appellant-Sanjay Bind and investigation of the case was entrusted to investigating officer/P.W.8.

(3.) During investigation, the appellant was arrested and since case was found true, on 18-01-2012 chargesheet was submitted against the appellant under Sections 354, 376 of the I.P.C.. On 08-02-2012 learned Chief Judicial Magistrate, Kaimur at Bhabhua took cognizance of the offence and after compliance of provision under Section 207 of the Cr.P.C., on 10-04-2012 the case was committed to the court of sessions and it was numbered as Sessions Trial No. 195 of 2012. On 07-05-2012 charge under Sections 376 and 377 of the I.P.C. was framed against the appellant.