GANAURI SONAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant Ganauri Sonar, who was aged about 22 years at the time of occurrence, has been convicted for the offence of raping a minor girl aged about 9 -10 years named Sushila. The occurrence took place at 9.00 p.m. on 3 -2 -1988. The girl was raped while she was going home from her father's shop after taking meal. She was raped in the house of the appellant situated 400 yards away from Obra Police Station. The appellant has been sentenced to eight years' imprisonment by the Sessions Judge, Aurangabad, who tried the appellant. Since the appellant was refused bail at the very initial stage, he has served out the sentence.

(2.) The appellant's defence was that he was implicated at the instance of Achhay Lal Prasad (P.W. 2), who is uncle of the victim girl. The First Information Report was lodged on 4 -2 -1988 at 2.00 p.m. The girl was examined on 5 -2 -1938 by lady doctor Asima Paul of Aurangabad Hospital.

(3.) This is a well proved case and there is no ground to interfere with the finding of the trial Court. According to the medical opinion, the girl had been sexually assaulted. No doubt, there is some delay in lodging the information but taking the evidence as a whole, the prosecution case appears to be true.