RATAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Ratan Singh has preferred this Criminal Appeal against the judgmeht and order dated 30.7.97 passed by.Shri B.B.M. Murti, learned 4th Additional District and Sessions Judge, Palamau at Daltonganj, holding him guilty under Section 376 of the Indian Penal Code and convicted and sentenced him to undergo R.I. for seven (7) years.

(2.) THE case of the prosecution in brief is that one Sukhli Devi lodged an F.I.R. with Manatu P.S. on 13.10.93 at 2.00 P.M. stating therein that on 12.10.93 at 10.00 A.M. she along with her younger Nanad Manju Kumari had gone to Lagudhai forest within Nawa Mauza for grazing cattle and she -goat. She was a bit ahead towards east of her Nanad with her cattle and her Nanad was behind her. At about 10.00 A.M. in the day, all of a sudden, the appellant Ratan Singh, a co -villager, taking tangi in his hand came to her and caught her hand; she protested but he threw her on the ground, lifted her Saari and committed rape. She was crying and raised an alarm and on her alarm, her Nanad Manju Kumari and Raj Kumar, a co -villager came to her immediately, on seeing them, Ratan Singh left her and fled away. She thereafter came weeping to her house and narrated the occurrence to her mother -in -law, husband and others. The Co -villagers wanted a panchayati on the issue and kept the matter pending but when no justice was done, then she went to the police station and lodged an F.I.R. She felt pain in waist and private parts and due to being thrown on the ground by the appellant, she sustained injuries on her head and shoulders. She had not taken bath till then and handed over the clothes to the police she was wearing at the time of the occurrence.

(3.) CASE of the defence is that the appellant is innocent and he has been falsely implicated in the case due to enmity. Charges under Section 376 I.P.C. was framed and the appellant was put on the trial and the learned court below after considering the evidence -both oral and documentary came to the findings and held the appellant guilty under Section 376 I.P.C. and sentenced him as aforesaid.