PRAHLAD CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Prahlad Choudhary has been found guilty for an offence punishable under Section 376 IPC and sentenced to undergo RI for 10 years as well as to pay fine appertaining to Rs. 10,000/- in default thereof, to undergo RI for six months, additionally, vide judgment of conviction dated 29.11.2013 and order of sentence dated 03.12.2013 passed by Adhoc Additional Sessions Judge, 3rd, Bettiah, West Champaran in connection with Sessions Trial No.142/2013 arising out of Shikarpur PS Case No. 381/2012.

(2.) Kishore Choudhary (PW 11) filed a written report on 20.11.2012 disclosing therein that his daughter (name withheld) (not examined) aged about three years went missing on 19.11.2012 at about 6:30 PM whereupon, all the family members indulged in searching her. During midst thereof, at about 8.30 PM, a female beggar namely, Usha Devi along with two males, namely, Gopal Sharma (not examined) and another whom he did not identify, came and his daughter was handed over to him by Fida Hussain (PW 6) who disclosed that the girl has been found by the side of railway line near signal. His daughter was drenched with water and was weeping. He immediately took her to the doctor at Narkatiaganj Hospital and got her treated. He suspected with regard to rape having been committed upon her. Furthermore, it has also been disclosed that for better treatment, his daughter has been referred to Bettiah.

(3.) After registration of Shikarpur PS Case No. 181/2012 against unknown, investigation commenced and during course thereof, police had gone to the place of occurrence, east cabin of Narkatiaganj Railway Station and in between two railway tracks, near a pond, the IO had seized pyjama of a child, torn frock, one baby chappal, blood stained grass on 20.11.2012 at about 1.30 PM itself for which seizure list was prepared, witnesses were examined. It has further been collected that after a fortnight, appearance of the appellant facilitated who happens to be cousin brother of informant (Phuphera Bhai) and seeing whom, the victim adversely reacted and who, on query uttered pointing him out to be her assailant whereupon, inquired by the informant and in response, it has been alleged that appellant made inculpatory extra-judicial confessional statement and asked for pardon and that happens to be the sole evidence arraying the appellant to be an accused followed with submission of charge-sheet, facilitating with the trial meeting with ultimate result, subject matter of instant appeal.