SHANKAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 7 -10 -1994 passed by the 1st Additional Sessions Judge, Darbhanga in Sessions Trial No. 97/92/17/93 convicting the sole appellant Shankar Yadav under Section 376 of the Indian Penal Code and sentencing him to undergo R.I. for seven years.

(2.) The prosecution case in brief is that one Kapileshwari Devi lodged a fardbeyan on 30 -10 -1991 at 4.00 p.m. alleging that on 23 -10 -1991 at 2.00 p.m. informant's daughter, namely, Ranju Kumari had gone for cutting the grass towards east of her house in the field. She returned after and hour and told the informant that appellant (accused) Shankar Yadav had forcibly threw her on ground and criminally assaulted her, for half an hour she remained unconscious. The informant noticed bleeding from her private part. She wanted to take her daughter to the police station and also hospital for lodging F.I.R. and her treatment, but in the meantime Dhanik Lal Yadav and others came to inform her that there was no necessity of going to the police station or of her treatment. She shall be treated at her house. The informant protested that she will go to the police station to institute the case. Thereafter, the aforesaid persons dragged her and assaulted with fists and slaps and confined in a room along with her husband. After some time, a Doctor was brought for treatment who gave stitches on her private part. The above -named persons also asked the informant that there will be panchayati in the village and hence the matter should be reported to the police. As such, she did not venture to go out of her house. Her husband was taken before the Sarpanch who got executed a bond for Rs. 2,000/ - on which the informant's husband remonstrated and declined to execute the bond. Somehow or the other the informant and her husband escaped from the village and reported the matter to the police and on her fardbeyan the case was registered. After investigation the police submitted charge -sheet under various Sections 376, 201, 120 -B, 452, 323 of I.P.C. and after cognizance the trial proceeded in the Court below. The appellant was charged under Section 376 of I.P.C. while the others including Dhanik Lal Yadav and Ram Yadav were charged under Sections 452, 323, 342, 201/ 120 -B of I.P.C.

(3.) The defence case is complete denial of the occurrence and false allegation because of village politics.