SUKHMAN BODRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order of sentence dated 3-4-99 passed in Sessions Trial No. 262/97, whereby and whereunder the learned Sessions Judge held the appellant guilty under Section 376, IPC and sentenced him to undergo R.I. for 10 years.

(2.) The prosecution case in brief is that Rautu Samad gave a written report to the effect that on 5-4-97 his daughter Manipal Samad had come after grazing the bullocks and at about 7 PM she was going to sleep in the house of her Aunt and it is stated that appellant Sukhman Bodra took Manipal Samad to his house and kept her in his house and committed rape on her. On the next day i.e. on 6-4-97 Sukhman Bodra left Manipal Samad in the house of his sister Radha Bodra in the village Anjitbera and thereafter sister of Sukhman Bodra left Manipal Samad in the house of her parents where Manipal Samad narrated the entire occurrence to her parents and this fact was brought to the knowledge of one Birsingh Sindhi but he did not report the alleged occurrence to the police station and thereafter Rautu Samad gave his written report to Chaibasa Muffasil Police Station and on the basis of written report of Rautu Samad this case was registered as Chaibasa Muffasil P.S. and investigation was started. After completion of investigation the I.O. submitted charge-sheet against the appellant as well as one Birsingh.

(3.) From the trend of statement of the appellant under Section 313, Cr.P.C. and the trend of cross-examination of witnesses, it appears that defence has taken a stand that he has been falsely implicated in this case.