PATWARI TUDU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal arises against the Judgment dated 22.05.1998 passed by the 2nd Additional Sessions Judge, Godda in Sessions Case No. 134 of 1997/42 of 1997, whereby, the learned 2nd Additional Sessions Judge, convicted the appellant for the offence under Section 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of seven years.

(2.) IN short the prosecution case is that the informant Phool Hembram (P.W. -4) submitted a written report (Ext.3) to the Police on 11.05.1997 alleging therein that her husband had gone out to earn his livelihood and she was living alone in the house. On 06.05.1997, in the night, at about 11:00 Oclock, while she was sleeping in Varandah, she woke up on hearing the sound of someone walking on the roof and then saw that the appellant Patwari Tudu of her village had entered in the courtyard. She stood up and stated shouting "Chor - Chor" upon which, the appellant threatened her with knife that if she would raise Hulla, she would be killed. Out of fear, the informant kept silent and thereafter, it is said that the appellant threw her on the ground. She tried to raise Hulla but, he gagged her mouth and then he forcibly committed sexual intercourse with her. In the morning, the informant narrated the incident to the villagers and then a Panchayati was convened but, since the appellant Patwari Tudu did not turn up in the Panchayati, therefore, no action was taken. It is further said that since there was no male members in the family and therefore, she, out of fear, could not go to the Police Station, but, when Gaju Ram Baski, the son of her Bhainsur (husband elder brother) came, then she went to the Police Station with him to lodge the F.I.R.

(3.) IN order to establish charges, altogether eight witnesses were examined on behalf of the prosecution. P.W. -1 Bhagwan Tudu in his evidence has stated that in the month of May, 1997, in the morning, Phool Hembram (P.W. -4) called him and told that in the night, the appellant Patwari Tudu had entered in her house and thereafter committed rape on her. This witness, who is an Ex -Sarpanch of the village, has further stated that the appellant Patwari Tudu had also kept confined the step daughter of the informant with him for about one week and had also committed rape on her. In that regard, a Panchayati was held in which he was punished by the said Panchayat. This witness has admitted that he had not seen the occurrence and in fact the incident was narrated to him in the morning by the informant herself. P.W. -2 Lal Tudu has also stated that he came to know about the occurrence from the informant herself who told him that the appellant Patwari Tudu had entered in her house in the night and thereafter, committed rape on her. P.W. -3 Shyam Lal Tudu is the Pradhan (Headman) of the village. He has also stated that in the morning, the victim lady Phool Hembram told him that the appellant Patwari Tudu after entering in her house committed rape on her on the point of a knife. P.W. -4 Phool Hembram is the informant herself and she has fully supported her statements made in the written report Ext. -3 She has corroborated the statements of P.Ws. -1, 2 and 3 by stating that in the morning, she had informed Bhagwan Tudu (P.W. -1), Lal Tudu (P.W. -2) and many other villagers about the occurrence. She has further stated that though Panchayati was convened but since the appellant did not attend Panchayati and therefore, nothing was done. It is further stated that Gajo Ram Baski came to her house after three days of the occurrence and then she told him also about the incident and thereafter, both of them came to the Police Station to lodge the F.I.R. P.W. -5 Dr. Leely Singh who medically examined the victim lady has stated in her evidence that possibility of sexual intercourse on the prosecutrix could not be ruled out. P.W. -6 is Sibu Marandi. This witness has also stated that the informant narrated the story of rape to him. P.W. -7 is Mistry Marandi. He has also stated that the informant told him that Patwari Tudu had entered in her house and thereafter committed rape on her. He has further stated that the husband of the informant was not in the village as he had gone to Bengal for working. P.W. -8 is the Investigating Officer who, after completion of the investigation submitted chargesheet.