KAPOOR BARLA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant, namely, Kapoor Barla has preferred this appeal against the order of conviction and sentence passed against him in S. T. No. 486 of 1995 which was tried along with S. T. No. 157 of 1996 whereby the appellant was held guilty for committing offence under Section 376(1) of the Indian Penal Code read with Section 342 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of seven years under Section 376(1) of the Indian Penal Code and rigorous imprisonment for a period of six months under Section 342 of the Indian Penal Code by VIth Additional Judicial Commissioner, Ranchi.

(2.) The relevant facts concerning this appeal, according to the FIR (Ext. 3), are that on 23.3.1995 the informant, Dulari Barla along with her friend Julita Karketta both aged about 15 years had gone to Jaria Mela and both of them left Jaria Mela at 3.30 p. m. for their home. When the informant and Julita Karketta reached Hulus Garaha Toli, it was about the sun-set time where the appellant and co-accused, Jitan Manjhi surrounded both the girls being armed with dagger and the appellant, Kapoor Barla caught the arm of the informant, whereas, accused Jitan Manjhi caught hold of the arm of Julita Karketta by showing dagger. Both the accused took the informant and her friend towards Mahugaon Bazar Tand. It is alleged that at about 8 p. m. , the appellant, Kapoor Barla, committed rape on the informant by showing a dagger to her in a thatched house situated in Mahugaon Bazar Tand, whereas the accused Jitan Manjhi committed rape in similar way with Julita Karketta. It is further alleged that the appellant was threatening the informant to kill her in case she raised alarm and by giving fear to her, he kept her detained for the whole night and committed rape with the informant thrice. It is also alleged that accused Jitan Manjhi also committed rape thrice with Julita Karketta in course of the night and in the morning both the accused again threatened to the informant and her friend not to disclose the matter to anybody, failing which they will be done to death and both the victim girls returned back home. It is stated that due to fear, the informant and her friend, Julita Karketta did not disclose about the occurrence to anybody and washed their clothes. After two days the informant's brother Rajendra Barla, who had gone out, returned back home and learnt about the incident from the villagers and he enquired about the occurrence from the informant and her friend and at first the informant hesitated to disclose about the occurrence to her brother but on much pressure given by her brother, she spoke the truth and thereafter on 3.4.1995 the informant was taken to Lapung Police Station, where she gave her statement and FIR of the present case was lodged under Sections 341, 342 and 376/34 of the Indian Penal Code against the appellant and his associate, namely, Jitan Manjhi and the police took up the investigation into the matter and submitted the charge-sheet in the case under Sections 323, 342 and 376/34 of the Indian Penal Code against the appellant and co- accused, Jitan Manjhi, on the basis of which, cognizance was taken and the case was committed to the Court of Session for trial. Ultimately, the case was transferred to the file of VIth Additional Sessions Judge, who delivered the judgment and passed the impugned order of conviction and sentence against the appellant but acquitted the accused Jitan Manjhi of the charges.

(3.) The accused persons were charged under Sections 342 and 376(2) of the Indian Penal Code by the learned Court below. Both the accused persons facing trial pleaded not guilty to the charges and claimed to be tried and their defence was that of denial simplicitor.