BADARI KAPAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has preferred the present appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') against the judgment of his conviction and sentence passed by the trial court.

(2.) By judgment dated 09-12-2013, the sole appellant was convicted for offence under Sections 376 and 323 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.'). By order dated 17-12-2013, under Section 376 of the I.P.C., he was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/- (twenty thousand). In case of default in payment of fine, he was directed to further undergo simple imprisonment for one year. Under Section 323 of the I.P.C., he was sentenced to undergo rigorous imprisonment for six months. Both the sentences were directed to run concurrently. The appellant was convicted and sentenced in Sessions Trial No. 345 of 2011/Tr. No. 71 of 2011 (arising out of Kalyanpur P.S. Case No. 130 of 2010) by Sri Arun Kumar Sharma, learned 1st Additional Sessions Judge, Samastipur (hereinafter referred to as 'Trial Judge').

(3.) Short fact of the case is that on 06-08-2010 at about 10:15 AM, a written report with thumb impression of victim was submitted to the officer incharge of Kalyanpur Police Station in the district of Samstipur. In the written report, it was indicated that the victim on 03-08-2010, while was sleeping in her house with a minor daughter of one Tuntun Kapar on cot, at about 1:00 in the night, Badri Kapar (appellant), son of Suraj Kapar, resident of same village i.e. Fulhara, P.S. Kalyanpur, District Samastipur opened the door and intruded into the house. Thereafter, he lifted the victim in his lap and laid her on the floor from the cot. She tried to raise hulla, but her mouth was wrapped by the appellant through gamachha. Subsequently, he committed rape with the victim continuously till his lust was finally satisfied. After committing rape, she was given one slap by the appellant and she was threatened that if she speaks to anyone regarding the occurrence, she would be killed. The victim raised alarm and on her hulla, her gotini (wife of husband's brother) Gayatri Devi (P.W.3) wife of Harischandra Kapar, Nirmala Devi (P.W.1) wife of Premlal Kapar and Jagdish Kapar (P.W.8) all came there and saw entire occurrence. In the morning on 04-08-2010, she sent message to her husband Fultoon Kapar (P.W.9) and called him and explained regarding the occurrence. On 05-08-2010, a panchayati was held and Badari Kapar (appellant) and father of Badari Kapar (appellant) namely Suraj Kapar were called, but they refused to participate in the panchayati and only thereafter, the written information was submitted in the police station. From the contents of the written report, it appears that on 05-08-2011 itself, the victim had rushed to the police station. On the bottom of the written report, the victim put her right thumb impression and as a witness to the written report, Dharmendra Kapar (P.W.7) put his signature.