LALAN JHAKU Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant having been convicted for an offence under Section 376 of the Indian Penal Code read with Section 3(2) (V) of the S.C. /S.T. (Prevention of Atrocities) Act for committing rape upon a minor girl, namely, Asho Kumari, aged about 6/8 years, was sentenced to undergo imprisonment for life.

(2.) The case of the prosecution is that on 12.8.1994 at about 12:00 o'clock at noon while the informant, Parvatia Devi. RW. 2, was grazing her pigs along with her daughter, Asho Kumari the pigs strayed down to a guava orchard, belonging to one Ramyash Prasad. The informant along with her daughter (victim) came to the orchard in order to drive the pigs out of orchard and took away the pigs but Asho Kumari stayed at the orchard for picking up guavas which had been fallen down on the ground. After some time, the informant. P. W. 2, heard sound of screaming of her daughter and then she came back and saw the appellant committing rape of her daughter by putting her on the ground. The appellant on seeing the informant coming fled away from there and then the informant, P.W. 2. did notice rush of blood coming out of private pan of her daughter who had fallen unconscious. Thereafter, the informant, P.W.2. brought the victim Asho Kumari to her house and informed about the occurrence to her husband. Babulal Turi, when he came home. Thereafter the informant as well as her husband and also other persons took Asho Kumari (victim) to Barhi Police Station at 4:00 o'clock where the fard-beyan (Ext. 2) of the informant. Parvatia Devi, P.W. 2, was recorded. Thereafter the police sent them to Hazaribagh Sadar Hospital where doctor Kalpana Sharan. P.W. 4. did examine the victim Asho Kumari at about 11:30 p.m. on 12.8.1994 and found first degree tear on the private part and also found the hymen torn. The blood was found oozing. On examination, the doctor came to the opinion that the rape has been committed and accordingly, injury report (Ext. 1) was issued.

(3.) After completion of the investigation, Investigating Officer. P.W. 5. Uma Shankar Singh, submitted charge-sheet upon which the cognizance of the offence was taken against the appellant. On committal of the case, charges were framed to which the appellant pleaded not guilty and claimed to be tried.