RADHA CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 9-2-1989 passed by the then 5th Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 149/11 of 1987/1988 convicting the accused-appellant under Sections 366/376, IPC and sentencing him to undergo rigorous imprisonment for seven years under Section 376. IPC and further convicted to go rigorous imprisonment for seven years under Section 366. IPC but both the sentences are ordered to run concurrently.

(2.) Ext. 1, fardbeyan was recorded by the Sub-Inspector N.K. Singh of Siwan Town P.S. on 21-1-1987 in the night hours at about 9 p.m. on the statement of victim, girl Shima alias Baby Kumari. The girl stated in the fardbeyan that about eight days before i.e. on 13-1-1987, the accused fil appellant Radhey Chaudhary kidnapped her, from her house at village Dumari Chapia within P.S. Taraiya Distt. Saran on the plea that her father was ill and hospitalised at Siwan but instead of taking her to Siwan she was brought to his cousin brother Madan Chaudharys house at village Sahuli and there she was forcibly sexually assaulted on threat of her life. Somehow on 21-1-1987, she got opportunity of escape from that house and then appeared in the Police Station and gave the statement. She further expressed her apprehension that the accused might have killed her and as such she wanted protection of the Police. On such fardbeyan, the case was registered and investigation started and the accused appellant was also arrested on that very day. After closure of investigation, charge-sheet was submitted under Sections 362/ 364/ 366/366(A) and 376 of the Indian Penal Code. During the course of investigation, the girl was medically examined and she was found to be aged less than 18 years. In her fardbeyan, the girl gave her age as 12 years. The defence case is of total denial of the prosecution story. According to the accused-appellant, the girl herself came to his house with a proposal of marrying her but he denied as he was already a married man but the girl was not ready to leave his house and, as such, on the advised of elderly person. he had taken the girl to the P.S. but there the girl had made statement implicating him and. as such he was arrested.

(3.) For and on behalf of the prosecution as many as eight witnesses have been examined. PW 2 Kamal Chandra Kumar, PW 5 Mohan Sharma and PW 7 Ghan Shyam Ram are formal witnesses. PW 4 Dr. Shyama Sharma is a doctor who had examined the girl medically. The vital witness of the prosecution are PW 3 the prosecutrix herself and her mother PW 1. PW 6 Dr. Rajeshwar Tewary has examined the X ray plates and held also ossification test of the girl. In the medical examination, no sign of rape was found or any sexual intercourse. The private parts of the girl were found normal at the time of examination although it was alleged by the girl that she was sexually assaulted at the house of Madan Chaudhary the cousin brother of the accused-appellant.