SUDHIR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal arises against the judgment dated 5th July, 1990 passed by the Additional Sessions Judge II, Deoghar whereby the appellant was convicted under Sections 342 and 376 of the Indian Penal Code and was sentenced to undergo RI for a period of 6 months under Section 342, IPC and RI for a period of 10 years under Section 376 of the Indian Penal Code,

(2.) THE prosecution case, in brief, is that wife of the first informant, namely, Anand Rana was cooking food inside her house on 3.5.1989 at about 8 p.m. At that time she sent her daughter, Rita Kumari aged about 7 years to fetch water from a nearby well. Rita Kumari reached at the well and at that time the appellant, Sudhir Mandal caught hold of her, brought her to his room and thereafter closed the room from inside and he gagged the mouth of Rita Kumari and then committed rape on her, due to which the girl started bleeding and thereafter the appellant is said to have fled away. The prosecutrix put on her underwear and came back to her mother, where she narrated the story of rape by the appellant. The mother of the prosecutrix went to the parents of the appellant, but they started abusing her and threatened her with dire consequences. Thereafter the mother of the prosecutrix came back to her house and sent one Sudhir Rana to Barakar where her husband was working as Carpenter. Sudhir Rana informed the first informant and then he came down to his village on 7.3.1989 and then lodged the FIR. After completion of the investigation, charge -sheet was submitted. The charges were framed against the appellant under Sections 342 and 376, IPC. The appellant pleaded not guilty and claimed to be tried.

(3.) PW 2, Anand Rana, who is the father of the victim, Rita Kumari in his cross -examination, has stated that his daughter, Rita Kumari was aged about 7 -8 years. He further stated that one person by name Sudhir Rana gave information to him about the alleged occurrence. At this he came to his house and then the inmates of the house started crying. He further stated that the underwear of the prosecutrix was handed over to him by his nephew. Ram Lal Rana (not examined) and then the informant went into the police with Ram Lal, Govind Mandal and his daughter, Rita and there he lodged the FIR. However, he has stated that the contents of the FIR was not read over to him. He has further stated that his daughter had told him that in the night of Wednesday at about 8 p.m. while her mother was cooking the food and at that time she had gone to fetch water from the well of one Ganesh Mandal, in the meantime the appellant, Sudhir Mandal caught hold of her and took her to a nearby room where he gagged her mouth and then he committed the rape on her, due to which her female organ started bleeding. In cross -examination this witness has admitted that Govind and Ram Lal went to Sarath Bazar after they reached the police station and from the market they came back after 1 -1 1/2 hrs.