ANIL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Anil Mahto has been found guilty for an offence punishable under Section 452 of the I.P.C. and sentenced to undergo R.I. for three years as well as to pay fine appertaining to Rs.2000/- and in default thereof, to undergo S.I. for one year, additionally, under Section 354B of the I.P.C. and sentenced to undergo R.I. for three years as well as to pay fine appertaining to Rs.5,000/- and in default thereof, to undergo S.I. for one year, additionally, with a further direction to run the sentences concurrently with a further direction that the period having undergone during course of trial be set off in accordance with Section 428 of the Cr.P.C. vide judgment of conviction dated 09.01.2019 and order of sentence dated 15.01.2019 passed by the 1st Additional Sessions Judge-cum-Special Judge, Katihar in G.R. No.3181 of 2015 arising out of Manihari P. S. Case No.155 of 2015.

(2.) Supan Mandal (PW-5) filed written report on 31.10.2015 disclosing therein that in between night of 30/31.10.2015, he was sleeping at a place lying by the side of Bathan of Bhola Mahto after constructing a hut in order to keep watch over the crop having planted by him along with his wife, four children. At about 1.00 P.M., Anil Mahto and Sheikh Sonu came armed variously and getting them in deep slumber, lifted his daughter (name withheld) PW-9, aged about 11 years with an intention to commit rape after gagging her mouth and proceeded towards jungle. After reaching there, she was put over ground and then, dragged inside the jungle as a result of which, she sustained injuries over her back. Then thereafter, she was undressed by Anil Mahto, who kept vulture eye over her private part. During course of conversation with Sheikh Sonu, who was armed with masket and was keeping vigil, he disclosed that after committing rape, the girl will be eliminated. After hearing this, his daughter getting an opportunity, escaped therefrom and after reaching near them, became thunder struck, then began to cry out of shock. They consoled her and then, asked for and during course thereof, she has narrated the whole event. Even at that very moment, she was naked. She has disclosed that after lifting her, Anil Mahto and Sheikh Sonu took her to jungle where they lie her down, dragged her inside jungle where undressed her and during course of conversation, she came to know that after committing rape, she will be murdered, so getting an opportunity of darkness slipped therefrom. In order to save themselves, they all began to shout attracting the presence of persons in surrounding namely Deep Narayan Mahto, Sadhu Mahto, Bhola Mahto, Ramdev Mahto, Longi Devi etc.

(3.) Furthermore, it has also been disclosed that he happens to be by caste Kharwar and is a member of Scheduled Tribe.