SUNNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Md. Sunny has been found guilty for an offence punishable under section 376 I.P.C. and has been sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs.20,000/- and in default thereof, to undergo R.I. for three years, additionally, under section 384 I.P.C. and sentenced to undergo R.I. for three years, under section 420 I.P.C. and sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs.10,000/- and in default thereof, to undergo R.I. for two years, additionally, under section 67A of the Information and Technology Act and sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs.50,000/- and in default thereof, to undergo R.I. for five years, additionally with a further direction that the sentences should run concurrently vide judgment of conviction and order of sentence dated 19.9.2016 passed by the 9th Addl. Sessions Judge, Gaya in S.Tr.No. 159 of 2014/ 488 of 2014 arising out of Civil Lines P.S.Case No. 356/2012.

(2.) Name withheld (P.W.3) filed a written report on 23.9.2012 disclosing therein that her husband Md. Jafar Alam is employed under Dr. B.H.Khan. One Md. Rashid happens to be her tenant and Md. Sunny, who happens to be friend of Md. Rashid, used to visit and also she used to call her Bhabhi. On 3.7.2012 at about 12 noon, when her husband had gone to her place of working, children were at the school, Sunny came at her house and snapped her naked photo while she was taking bath. She, after seeing this protested but he intruded inside the bathroom and then, raped her. It has further been disclosed that at that very time he was carrying one bottle and cotton and he committed rape after having her unconscious. Since thereafter he used to sexually exploit her on the pretext of photo. On 3.8.2012 he demanded Rs.50,000/- and threatened that in case of non-payment of money he will expose her naked photo being under pressure thereof, she had paid Rs.50,000/- which was available with her (30,000/- from her Naihar and 20,000/- from her husband. He on 5.9.2012 again demanded Rs.1 lac on an assurance that after the payment, he will remove/ erase the photo. In the aforesaid background, she apprehended blackmailing at his end on the pretext of photo having snapped by him as well as sexually exploiting her. Then thereafter, she has disclosed the incident to her mother as well as her family members. She had intended to commit suicide but on the consolation having at the end of her mother as well as her family members, she left her intention.

(3.) After registration of Gaya Civil Lines P.S.Case No. 356/2012, investigation commenced and after concluding the same charge sheet has been submitted which happens to be the basis of the trial which ultimately concluded in recording finding of guilt followed with sentence, subject matter of the instant appeal.