BAIJ NATH BIHARI MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) None appears on behalf of appellant, on account thereof, Sri Animesh Kumar Mishra, learned Advocate has been requested to assist the Court as Amicus Curiae.

(2.) Appellant, Baijnath Bihari Mandal has been found guilty for an offence punishable under Section 376 IPC and sentenced to undergo RI for 7 years as well as to pay fine of Rs. 10,000/- in default thereof, to undergo SI for three months, and under Section 3(1)(xii) of the SC/ST (POA) Act, sentenced to undergo RI for 2 years and further directed to run the sentences concurrently, vide judgment of conviction dated 13.05.2014 and order of sentence dated 22.05.2014 passed by 1st Additional Sessions Judge-cum-Special Judge, (SC/ST) Act, Bhagalpur in connection with Sessions Trial No.353/2013, Trial No. 13/2013 arising out of Naugachia (Mahila) PS Case No. 07/2013.

(3.) Victim-PW 9 (name withheld), filed a written report on 10.02.2013 alleging inter alia that in the night of 06.02.2013, her co-villager, Baij Nath Bihari Mandal caught hold of her, thrust cloth inside the mouth and lifted her to inside her house where committed rape. After commission of rape, he had threatened that in case of reporting, she will be murdered. On the following day, she had gone to the place of Mukhiya and disclosed the occurrence whereupon, Mukhiya consoled her and instructed her not to institute a case, whereupon, delay has been caused in institution of the case.