BABULAL SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant was charged under Section 376, I.P.C. for committing rape on Sakunwa Devi on 23rd September, 1993. He was further charged under Section 354 and 323, I.P.C. for outraging the modesty of Chamelwa Devi and also has voluntarily caused hurt to her. However, the trial Court convicted the appellant, under Section 376/511, I.P.C. and sentenced him to undergo R.I. for 10 years. He was further convicted under Sections 354 and 323, I.P.C. and was sentenced to undergo R.I. for 1 year under Section 354, I.P.C. and 6 months under Section 323, I.P.C. All the sentences were ordered to run concurrently.

(2.) The prosecution case, as stated in the Fard Beyan of Chamelwa Devi-P.W.4, is that on 19-9-1993, while she was going to her house, Sumitri Devi (P.W. 1) stopped her on the way and informed her that at about 9 a.m., while she (Sumitri Devi) was washing her mouth, she saw Babulal Sao (appellant) committing rape on her daughter Sukawa Kumari, aged about 5 years, and when she (Sumitri Devi) raised Halla then Babulal Sao fled away. The further case of the prosecution is that when the informant went to interrogate the appellant, at that time he was not available. On 23-9-1993 in the morning when she interrogated the appellant, she was assaulted by the appellant by means of "Danta" and he molested her breast. On her alarm Rani Devi-P.W.2, her husband Pyare Gope and others came to the place of the occurrence.

(3.) To establish the charges altogether by witnesses were examined on behalf of the prosecution, but of whom'P.W. 5 and P.W. 6 were tendered. P.W.4 is the informant. P.W.5 is the husband of the informant and P.W. 7 is the victim girl whereas P.W. 1 and P.W. 2 are the witnesses who according to the prosecution, informed the informant about commission of rape by the appellant.