NAND KISHORE MISTRY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Madhurendra Kumar learned counsel assisted by Mr. Pramod Kumar, learned counsel for the appellant as well as Mr. Ajay Mishra learned Addl. Public Prosecutor on this criminal appeal.

(2.) This criminal appeal has been preferred against the judgment and order of conviction dated 18.07.2013 and order of sentence dated 20.07.2013 passed by Additional Sessions Judge-I, Nawada in Sessions Trial No. 305 of 2011 / 146 of 2011 arising out of Kauwakole P.S. Case No. 113 of 2011 whereby the learned trial court convicted the accused Nand Kishore Mistry for the offence punishable under Section 376 of the Indian Penal Code and sentenced him to undergo life imprisonment and also slapped him with a fine of Rs. 25,000/- and in default of payment of fine to further undergo S.I. for six months under Section 376 of the Indian Penal Code.

(3.) The factual matrix of the case is that Kauwakole P.S. Case No. 113 of 2011 was instituted under Section 376 of the Indian Penal Code against Nand Kishore Mistry on the basis of written report dated 24.07.2011 filed by Manoj Mistry S/o Shivan Mistry with the allegation, in succinct that on 24.07.2011, there was function of chatihar in his house and his family members were engaged in the said function. His daughter Kanchan Kumari @ Tekni aged about eight years (hereinafter referred as the "victim") had gone to Kalkaliya Tand located near Bolta Pahar towards East of his village for grazing shegoat. She regressed from the aforesaid place at 03:00 PM weepingly. He witnessed her pant smeared with blood, then his wife after stripping off her pant inspected and divulged him that the genital organ of the victim was bleeding and it was torn. On quizzing her daughter about bleeding, she divulged that Nand Kishore Mistry took her to a bush catching her hold and stripping off her pant committed rape against her. She started crying and bleeding, then he left the scene.