HARIHAR THAKUR Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment of conviction and order of sentence dated 28-6-2000, passed by the learned Sessions Judge, palamau at Daltonganj in S. T. No. 608 of 1998, whereby and whereunder, the sole appellant Harihar Thakur was convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and fine of Rs. 2000/-with default stipulation.

(2.) PROSECUTION story, as it stands narrated in the Fardbeyan of the informant P. W.-2 ram Naresh Giri recorded on 24-7 1998, was that he had married his daughter Manju devi, aged about 25 years, some eight years ago with one Harihar Giri of Banaras but as she was suffering from epilepsy, she was returned by her husband from her matrimonial home. Her husband deserted her by severing relationship on account of her regular epileptic fits and that she was mentally challenged. It was further narrated that in his house besides Manju Devi, his wife and younger daughter Renu Kumari used to live whereas, sharing common Courtyard, his younger brother Raj Kishore Giri was living. The informant was a priest by profession who used to visit different places and on 25-5-1998, when he returned back to his home, he found his daughter Manju Devi narrating woes to her aunt Sita Devi about the alleged occurrence which took place a month ago at about 12 O'clock in the day hours when the appellant Harihar Thakur came to her door and demanded a pot of water and when she carried a pot full of water, the appellant Harihar Thakur gagged her mouth and forcibly took her towards western-southern portion and ravished her. Whenever she attempted to raise alarm during commission of such offence, her mouth used to be pressed by the appellant. Though she had narrated the occurrence to her mother Kalawati Devi she suppressed the matter only with a view to avoid altercation and bloodshed. Informant while explaining the delay in lodging the F. I. R. narrated that the matter was placed before the village panchayat but since it could not be decided, police case was instituted.

(3.) CHARGE against the sole appellant harihar Thakur was framed after submission of chargesheet by the Investigating Officer, under Section 376 of the Indian Penal code who pleaded not guilty and claimed to be tried.