AJIT SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The appellant Ajit Singh @ Toni suffered conviction under Section 376 (2) (g) and Section 366 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years in each count and further convicted under Section 323 of Indian Penal Code and sentenced to undergo rigorous imprisonment for one year with fine of Rs.2,000/- to be paid to the victim-informant and in default of payment of fine, to suffer simple imprisonment for three months.

(2.) The present appellant along with two other accused persons namely Soni Kumar Ajwani @ Soni @ Gurucharan Singh and Jaswant Singh were tried in the above case and after trial, Jaswant Singh was acquitted but Soni Kumar Ajwani @ Soni@ Gurucharan Singh and the present appellant were convicted as aforesaid. The said Soni Kumar Ajwani @ Soni @ Gurcharan Singh had separately preferred an appeal but during pendency of the appeal, he died and so his appeal has abated.

(3.) The prosecution case, which is based on the fardbeyan of the informant Punam Kumari (Devi), recorded by A.S.I. of Lower Bazar Police Station on 25.06.1991 at 6:30 p.m. at the place of occurrence i.e. North Samaj Street, Tharpakna, in the house of one of the accused Soni @ Gurucharan Singh, in short, is that on 25.06.1991, the informant came to Ranchi from Jamshedpur to obtain her original B.Sc. Examination Certificate from Ranchi University. She got down from the bus at about 10.00-11.00 a.m. at Kantatoli, Ranchi and boarded a tempo bearing no. BIN-9506. The said tempo driver after alighting other passengers drove his tempo on different streets on the pretext to take her to Ranchi University and on enquiry, the driver told the informant not to worry as Ranchi University is far away. After roaming on several streets, the tempo driver called a man, who was on a cycle, to accompany him and informed the said man that the female occupant i.e. informant would go to Ranchi University.