IBRAHIM KUJRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Ibrahim Kujra has been found guilty for an offence punishable under section 376 of the Indian Penal Code and sentenced to undergo R.I. for 8 years as well as to pay fine appertaining to Rs.5,000/- and in default thereof, to undergo R.I. for one year, additionally, under section 4 of the POCSO Act and sentenced to undergo R.I. for 7 years as well as to pay fine appertaining to Rs.5,000/- and in default thereof, to undergo R.I. for one year, additionally, under section 3(i)(xi) of the SC/ ST (P.O.A.)Act and sentenced to undergo R.I. for two years as well as to pay fine appertaining to Rs.1,000/- and in default thereof, to undergo R.I. for six months, additionally, under section 323 I.P.C. and sentenced to undergo S.I. for one year as well as to pay fine appertaining to Rs.500/- and in default thereof, to undergo S.I. for one month, additionally, with a further direction that the sentences should run concurrently by the Addl. Sessions Judge I cum Special Judge, POCSO, Darbhanga in G.R.Case No. 22/2014 arising out of Mahila (Bahera) P.S.Case No. 87/2014.

(2.) Name withheld (P.W.1) the victim filed a written report on 1.8.2014 depicting therein that on 30.7.2014 at about 1 P.M. while she had gone near bank of a river to ease herself, was caught hold by Ibrahim Kujra from behind who, after overpowering her, tied her both hands, undressed her, lie her down and then committed rape. After commission of rape, he left her in necked condition. Anyhow, she came to her house where, her Bhabhi (Meena Devi) put clothe, untied her and whom she disclosed the occurrence. Thereafter, she moved in surroundings and disclosed the event, whereupon co-villagers including Sanjay Kumar, Parwind Kumar Pawwan and Rohan Paswan gone in search of Ibrahim Kujra who, after brandishing Chhura managed to succeed in fleeing away. It has also been disclosed that during course of rape Ibrahim Kujra also bit over her cheeck, lip and other places.

(3.) After registration of Mahila (Bahera) P.S.Case No. 87/2014 investigation followed and, after completing the same charge sheet has been submitted facilitating the trial meeting with the ultimate result, subject matter of the instant appeal.