NAVEEN KUWA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Vide judgment of conviction dated 19.03.2016 and order of sentence dated 28.03.2016, appellant, Naveen Kuwar has been found guilty for an offence punishable under Section 376 IPC and sentenced to undergo RI for ten years as well as to pay fine of Rs. Three Lacs in default thereof, to undergo RI for two years additionally by the Additional Sessions Judge-6th, West Champaran at Bettiah in connection with Sessions Trial No. 1124/2013 arising out of Majhaulia PS Case No. 236/2013.

(2.) Victim, PW-1 (name withheld) filed a written report on 09.06.2013 disclosing therein that about five months age, she had gone to the house of Naveen Kuwar S/o late Babunand Kuwar in order to give her service as a cook for 2-3 days and during course thereof, Naveen committed rape on her. As, she became terrified by way of threatening at the end of accused, Naveen, she did not dare to speak about the occurrence. At present, she found herself to be impregnated.

(3.) It is further evident from the records that after some time, victim was married and, at her Sasural, female folk, on account of their perception, identified the victim to be pregnant, whereupon, she was kicked out. Then she came to know that she was pregnant as she was novice till then. The accused and his wife on being approached in order to raise grievance, tried to persuade her and during course thereof, wife of the accused, administered one tablet, whereupon she developed complication as a result of which, she was taken to hospital and during course thereof, she aborted. After institution of case, investigation was taken up and, witnesses including victim were examined and on the basis thereof, after completing the investigation, I.O. had submitted charge-sheet against Naveen Kuwar only, keeping investigation pending against remaining including his wife.