MANOJ MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Manoj Mandal and Mithilesh Mandal have been found guilty for an offence punishable under Section 376(G) of the I.P.C. and each one has been sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.2,000/- and in default thereof, to undergo S.I. for one month, additionally, vide judgment of conviction dated 13.06.2017 and order of sentence dated 15.06.2017 passed by the 2nd Additional Sessions Judge, Jamui in Sessions Trial No.363 of 2012.

(2.) At an initial stage, Complaint Case No.76(C ) of 2009 was filed by the complainant (PW-4 alleged victim, named withheld), whereupon she was directed to be examined by a doctor, so was examined and then thereafter, the aforesaid complaint was sent to local police for registration and investigation of the case in accordance with Section 156(3) of the Cr.P.C. as a result of which, Laxmipur (Gidhaur) P. S. Case No.39 of 2009 was registered, investigated upon and then, final report was submitted as false. However, during midst thereof, protest petition was filed, which was subsequently treated as complaint petition bearing Complaint Case No.569(C) of 2011, which was proceeded with under Section 202 of the Cr.P.C. and then, both the appellants summoned to face trial for an offence punishable under Section 376(G) of the I.P.C. and on the basis thereof, the trial sailed, meeting with the ultimate result, the subject matter of instant appeal.

(3.) The prosecution case as per allegation is that on the alleged date and time of occurrence, while complainant was returning from Guguldih market after purchasing domestic items and as soon as reached at Behri Bahiyar, Mithilesh Mandal, Manoj Mandal came out from a bush, caught hold her, whereupon she began to raise alarm. Thereafter, Manoj Mandal gagged her mouth with his muffler while Mithilesh Mandal caught hold her and on the pretext of pistol, committed rape. During course thereof, complainant had bite, scratched his face by her nail, even then, she was not spared. Subsequently thereof, Manoj Mandal had also raped her. During course of leaving the place, both the accused, threatened that in case of disclosure at her end, she will be murdered. At that very moment, she began to weep, attracting passersby, a rickshaw puller Pappu Ram Paswan as well as occupant of rickshaw puller Bhola and Sunil Kumar Sinha, who have seen the accused persons fleeing there from, lifted her to her house. On the following morning, complainant had gone to police station, but the police had instructed to launch a case before the Court on account thereof, complaint petition was filed.