RAMJEET MALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals have been heard together as they are arisen out of the common judgment passed by the Sessions Judge, Palamau at Daltonganj in Sessions Trial No. 461 of 1995 corresponding to G.R. No. 1344 of 1995 under Haidarngar P.S. Case No. 54 of 1995 for an offence under Sections 376/ 34 and 114 of the Indian Penal Code, whereby and whereunder, the learned Sessions Judge convicted the appellants under Section 376/34 of the Indian Penal Code and sentenced them to undrgo rigorous imprisonment for a term of ten years each under the said offence.

(2.) THE prosecution case in brief is that the victim Kaushalaya Kumari lodged a First Information Report alleging therein that she was aged about ten years and on the day of occurrence, she along with her sister -in -law Usha Devi were preparing food in Dhaba of her house and her mother had gone to Daltonganj in order to meet her father. She came out of her house at the door in order to take cow -dung cake and while picking up the same, in the meantime, the appellant Ajay Mali was coming through the gate of the boundary and he caught hold of her and the appellants Ajay Mali and Ramjeet Mali came there from the gate and she was lifted by Ramjeet Mali and was taken near the well. The appellant Ajay Mali caught hold of her hand and she was put on the field and thereafter, the appellant Ramjeet Mali committed rape on her forcibly. Her Bhabhi and Sister were started searching her and they came therewith torch and thereafter, the appellants started fleeing away. According to her, Bhabhi and Sister also saw them fleeing away in the torch light at that relevant time. On the basis of the fardbeyan, a First Information Report was lodged against both the appellants for the offence under Section 376/34 of the Indian Penal Code. The police investigated the case and submitted charge -sheet, The witnesses were examined in the Court below. After having heard both the parties, the trial Court convicted and sentenced the appellants in the manner as stated above.

(3.) AT the very out -set, it may be noted here that the victim Kaushalaya Kumari was examined by the Doctor (P.W. 4) and she opined in clear words that rape has been committed and the victim was aged about 8 to 10 years of age at the time of incident. According to the Doctor, hymen was not intact and there was also bleeding from vagina. Thus, there is no doubt to come in conclusion at this stage itself that there was no rape and the victim was also minor. P.W. 8 the victim girl gave out a vivid picture about the aweful incident in her evidence. She stated that appellant Ramjeet Mali committed rape on her forcibly. Nothing could be elicited from her evidence and in her cross -examination to, put any doubt about the occurrence which is specific and direct against the appellant Ramjeet Mali.