SUBASH PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment of conviction and order of sentence passed on 11 -4 -1989 by Shri B. N. P.Singh, 3rd Additional Sessions Judge, Nawadah in Sessions Trial No. 8 of 1988 by which this appellant Subhash Prasad Yadav was convicted under Section 376 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 1,000/ - and in default, to undergo further rigorous imprisonment for six months. By the same judgment this appellant was acquitted of the charge under Section 323 of the Indian Penal Code and co -accused Rajan Prasad was accuitted of the charge under Section 376 of the Indian Penal Code.

(2.) THE prosecution case, in short, as mentioned in the fardbeyan (Ext. 3) of Informant Saroj Devi (PW -8) recorded at village Gordhowa, Police Station Nawadah Mufassil, was that about 20 to 22 days before recording of this FIR, she had come with her mother Kulwanti Devi (PW -9) to see her sisters husband who was injured in a truck accident and was being treated in a clinic at Patliputra Colony, Patna and that she lived there for eight days along with her mother and on one Friday she went to Patna Railway Junction to catch the train for going to her native village along with her mother in which there was great rush and she could not board the train whereas her mother boarded the train and train steamed off. Further case of prosecution is that one unknown person met her at the station and on his query she told him that she wanted to go to Hilsa to meet her maternal grand mother and that man brought her to Harding Park but she could not get any bus for Hilsa and was waiting in parked Krishna Bus whose driver (this appellant) drove away the man accompanying her from the Railway Station and thereafter, she was told that bus could not go to Hilsa in the evening and she may stay at the residence of this appellant with his family and in the morning she may get the bus for going to Hilsa. Thereafter, she was taken to a hotel of Goraiya Tola where she was given breakfast and thereafter it was alleged that this appellant committed rape assuring her that he would marry her. It was further claimed that Informant was threatened by the appellant and she was taken to Daniyawa and this appellant went to his house and brought money and came to Fatwah Bazar where he purchased a Sari, Saya and Blouse for her and then again he brought her to Chanak Mohalla, Patna and kept her in the house of co -accused Rajan where she stayed for seven days and on each day rape was committed by this appellant and Rajan. Further case of the prosecution is that on 14 -7 -1986 this appellant brought her in the bus of Krishna Travel to Nawadah, assured her that he would hire a house on rent to keep her. After all, the passengers got down from the bus he started the bus again for Biharsharif and in the way after 5 KM, at village Gordhowa the bus was stopped and she was dragged out of the bus and they went away in the bus and then the villagers arrived there and thereafter S.I. also arrived there, who recorded her statement which is FIR of this case.

(3.) ON the basis of the FIR of Informant Saroj Devi Nawadah Mufassil P.S. Case No. 65 of 1986 was registered against this appellant and others and the Police, after due investigation, submitted charge -sheet and after cognizance and commitment, appellant Subash Prasad Yadav and Rajan Prasad were put on trial in which this appellant was convicted as aforesaid but accused Rajan Prasad was acquitted of the charge.