BIRJHAN SAO Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence passed in S.T. No. 33/97, whereby the learned Sessions Judge convicted the appellant for an offence under Section 376 IPC and sentenced him to undergo R.I. for 10 years.

(2.) The prosecution case shortly stated as per the Fardbeyan, Ext. 1, of Guddi Kumari aged about ten years recorded at the Government hospital had gone for grazing the cattle as usual near Pandadariya Ghurghutti where Blrhjan Sao and Bhagwati Devi were also present with their cattle . At noon Bhagwait Devi returned to home for lunch as also for bringing lunch for the victim. Later, on, after taking meals, she separated from Bhagwati for grazing the cattle and at this moment, Birjhan Sao forcefully raped her in a Rahar field and fled away. Blood oozed. Thereafter she was returning home, when she met Bhagwati Devi to whom she narrated the incident when she advised her to go home. The victim narrated the incident to the parents and the persons present there. Thereafter she was taken to the hospital for treatment. After investigation, chargesheet was submitted against the accused.

(3.) The defence version of the case is that the victim girl fell on the twig of Rahar and got herself Injured and this is a case of false implication due to enmity.