NARESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Section 376 of the IPC and sentenced to undergo rigorous imprisonment for five years with a fine of Rs 500/- in default, to under go further rigorous imprisonment for six months.

(2.) The prosecution case in shown is that the victim girl. Punam Kumari was sleeping in her house with her younger brother Sonu Kumar on 19-11-1995 at 10.00 p.m. Her mother had gone to attend Ghar Bhoj irt the house of Kishori Ram. It has been alleged that the appellant came there and gave Rs. 11/- requesting to the father of the victim girl to bring liquor. He went to bring liquor, the accused finding her alone in the house induced her of giving money, kissed her and thereafter in order to rape her began to penetrate his male organ in the private part of the victim girl forcibly and she cried out of pain but the appellant gagged her mouth. Meanwhile her father returned back with liquor and then the appellant went away giving threats of dire consequences if she disclosed it to her father. In the mean time her mother, also returned. On Hulla others also came there. Punam Kumari narrated the entire story to her parents. Since it was late night, the Police could not be approached but on the next day Police came there and recorded her statement. The victim girl was sent to the doctor for medical examination. She was also examined by lady doctor. Dr. Sheela Sharma of Danapur Hospital. On the basis of the fardbeyan of victim Punam Kumari the Police registered this case and after completion of the investigation submitted charge sheets. Thereafter cognizance was taken, the case was committed to the Court of Sessions and the trial concluded with the result as stated above.

(3.) The prosecution in support of its case has examined 9 witnesses including the victim girl. The Court has also examined Dr. Sheela Sharma as CW-1 PW-1 is father of the victim girl, Jagan Thakur, PW-2 is Leelavati Devi, mother of the victim girl, PW-3 is Anita Devi, PW-4 is Raghunandan Thakur, PW-5 is Brij Lal, PW-6 is victim girl Punam Kumari, PW-7 is Ram Naresh Singh, PW-8 is Kashi Nath Singh and PW-9 is the Investigating Officer Birendra Pd. Singh PWs 4 and 5 are tendered witnesses whereas PW-3 has turned hostile.