MOHAMMAD AKHTAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under Section 376 of the Indian Penal Code and under Section 3(i)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo RI for life under Section 376 of the Indian Penal Code and further sentenced to undergo RI for five years under Section 3(i)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, but both the sentences were directed to run concurrently.

(2.) FACTS briefly stated are that the victim lady namely Smt. Siya Janki Devi was coming from paddy field with a bundle of paddy straw on her head on 3.11.1994 at about 2.30 -3.00 p.m. in the day. As soon as she came to Sohara Bahiar, the appellant caught hold of her by sari due to which, bundle on her head fell down. Having guessed the motive of the appellant, the victim lady tried to raise alarm but the appellant threatened her not to raise alarm and he even went to the extent of saying that if you allow me to have sexual intercourse with you, you would not loose anything. Thereafter the appellant caught hold of the victim lady and committed rape on her and fled away. The victim lady stated that it was lonely place; no one came on her alarm. Later she got up and arranged her cloths in order and took bundle on her head and proceeded for barn. After covering distance she dropped bundle at her door but because of dishonour, she did not narrate the occurrence to anyone. In the night she narrated the occurrence to her husband who immediately went to the residence of Mukhia and asked for panchayati and Mukhiyqjee assured him that panchayati will be held on the following day. On the following day panchayati did took place and the appellant nominated his under as panch on his behalf and on the pretext of calling him, the fled away. The victim lady was left with no alternative than to report the matter to the police and on the above facts, a case being Pathargama PS Case No. 148 of 1994 was registered under Section 376 of the Indian Penal Code and 3(i)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and after investigation charge -sheet was submitted in the case. Charges were framed accordingly and trial continued.

(3.) PROSECUTION has examined 7 witnesses in this case. PW 1 is Damodar Ravidas. He is father -in -law of the victim lady Siya Janki Devi and he is a labourer. He is hearsay witness. Accordingly to this witness, he came to know of this occurrence from his daughter -in -law that rape was committed on her by the appellant,