NAGENDRA PRASAD Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) INSTANT criminal appeal is directed against the judgment of conviction and order of sentence, passed by Shri A.K. Roy, Additional Sessions Judge, F.T.C. -II, Dhanbad in S.T. No. 228/99, by which the sole appellant was convicted under Section 225 of the Indian Penal Code and sentenced to undergo imprisonment for one month twenty -five days.

(2.) PROSECUTION story in short as stands narrated in the fardbeyan of the informant P.W. -7 Babita Devi was that on 16.10.1998 at about 8:00 a.m. while she was carrying food for her husband from home village Nipania towards Rakhitpur railway station and arrived near Mangala Bandh, she was forcibly overpowered by a fat man of fair complexion, aged about 25 -30 years, who dragged her towards (sic) place and forcibly committed rape on her. After commission of the offence, the culprit proceeded towards Rakhitpur railway station and she followed the culprit in the same direction to Rakhitpur railway station where her husband used to (sic) as labourer. As soon as she came across her husband, she raised alarm by pointing out towards the person who had committed rape on her, whereupon her husband Bishun Mahato immediately rushed there and caught hold of him, to which there started scuffle between the two. It was stated that in the meantime an employee of the station, namely, Nagendra Prasad intervened and restrained her husband by holding him. In the meantime, the train arrived and the principal accused immediately boarded the train and escaped by removing his body from the arms of the husband of the informant. On the alarm there being raised by her husband, by -passers assembled there and it could be gathered that the appellant Nagendra Prasad, who was an employee of railway, voluntarily facilitated the principal accused to escape. Her statement was recorded by the police at her home in presence of the witnesses on the basis of which, Baliapur P.S. Case No. 97/98 was registered for the alleged offence under Sections 376/225 of the Indian Penal Code and the police after investigation submitted charge -sheet against both the accused Nagendra Prasad (appellant) and Raj Kumar Yadav @ Raju under Sections 376/225 of the Indian Penal Code.

(3.) APPELLANT Nagendra Prasad preferred the instant appeal having been dissatisfied with the judgment of his conviction and order of sentence that he had already served out.