ASHOK ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Ashok Roy, Mantu Roy, Kant Lal Roy having been found guilty for an offence punishable under Section 376/511 of the IPC whereupon each one has been sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs.4000/- in default thereof to undergo S.I. for six months, additionally, by the Additional Sessions Judge, FTC-II, Katihar vide judgment of conviction dated 17.04.2018 and order of sentence dated 18.04.2018 relating to Sessions Trial No.444/2011.

(2.) Name withheld (PW.4) filed complaint petition on 07.10.2010 showing the date of occurrence as 22.09.2010 at about 08:00 PM against the accused persons (appellants) with an allegation that they both were resident of same village and were known to each other. Her husband Nandlal Rai had gone to the place of his cousin brother (Fhuphera Bhai) leaving behind the complainant as well as minor children. In the aforesaid background, the accused persons came at her Darwaja and called her husband whereupon, she came out. As soon as she came out accused, Kant Lal gagged her mouth and then Ashok Roy, Mantu Roy lifted her inside a room where they committed rape one by one. After commission of rape, the accused persons came outside and during course thereof, she had apprehended Kant Lal who, after giving a jerk managed to escape. They also indulged in pushing and pulling. On the next day her husband came whom she disclosed the incident. Then thereafter, while they were going to police station, the relative and the well wishers of the accused intervened whereupon panchayati was convened and in the panchyati on 25.09.2010 accused persons confessed their guilt, asked for pardon. Finally, the Panches inflicted rupees one thousand fine against the accused persons which they failed to deposit in spite of having granted a week time. Then thereafter, had gone to police station where, the police did not recorded her fardbeyan and accordingly, complaint petition has been filed.

(3.) After holding an inquiry under Section 202 Cr.P.C. by the learned Magistrate whom the case was transferred under Section 192(2) of the Cr.P.C., accused were summoned whereupon they appeared and then thereafter, being the offence triable by the court of sessions facilitated commitment whereupon, trial commenced and concluded in a manner, subject matter of instant appeal.