UDAI PRAKASH OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of judgment dated 27/11/1999 passed by Shri Rajesh Kumar Dubey, VIlIth Additional Judicial Commissioner, Ranchi in Sessions Trial No. 247 of 1984 convicting the appellant under Section 376, IPC and sentencing him to undergo RI for 7 years.

(2.) This prosecution case in brief is that on 8/5/1982, the prosecutrix Prabha Devi lodged a fardbeyan before police that, on 5/5/1982, she was retuning back to her parents house from her maternal uncles house (mausas house). At Birgora Railway Station she was waiting for train at about 2.30 pm where the engine takes water near Birgora river. The said place was a lonely place but at some distance there was a hut where tea was sold and there an old lady was sitting. She saw the appellant, who was of village It a, having a transistor hanging with his neck and a bag in his hand and a sword hanging with his neck. Appellant came towards her and told her either to go with him to It a Basti or to Jhalda, to which she refused. On this, he caught her hand and forcibly took her to a nearby ditch. Appellant gagged her mouth and pushed her on the ground and committed rape upon her for about half hour. She was not in a position to raise hulla. Then appellant asked the old lady, sitting in hut, to keep the prosecutrix and offered her a 10 rupee note, to which the old lady denied. The appellant remained there and the prosecutrix went to house of one Birsa Uraon at Tanger Basti on foot and stayed there in the night. Next day after catching train from Tanger Basti Railway Station, she returned to Birgora and from there she returned to her Mousis house at Ita on foot and told everything to her mousi. She had washed her petticoat. In the night of Friday, the next day there was a panchayti.

(3.) The prosecutrix was examined by a lady doctor at Sadar Hospital, Ranchi on 9/5/1982. The prosecution examined eight witnesses. PW 1 is a formal witness. PW 2 is the lady doctor, who examined the prosecutrix. PW 3 is her mausi. PW 4 is Mousa of Prabha Kumari. PW 5 is chowkidar of the village. PW 6 is Prabha Kumari herself. PW 7 is the father of Prabha Kumari and PW 8 is the seizure list witness.