NITISH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Awadhesh Kumar Singh, learned counsel for the appellant and Mr. Ajay Mishra learned APP for the State on this Criminal Appeal.

(2.) This appeal has been preferred against the judgment and order of conviction dated 11.06.2012 and order of sentence dated 18.06.2012 passed by learned 1st Additional Sessions Judge, Saharsa in Sessions Trial No.136 of 2011, arising out of Sour Bazar P.S. Case No. 227 of 2010, whereby the learned Trial Court convicted the accused Nitish Kumar @ Nitish Yadav for the offence punishable under Sections 376 (2) (f) of the Indian Penal Code (hereinafter in short referred to as the 'IPC') and sentenced him to undergo life imprisonment (R.I.) and also slapped him with a fine of Rs. 10,000/- and in case of default of payment of fine to further undergo S.I. for six months under Section 376 (2) (f) IPC.

(3.) The factual matrix of the case is that Sour Bazar P.S. Case No. 227 of 2010 was instituted under Section 376 (f) of the IPC against Nitish Yadav on the basis of statement of Lalita Devi, wife of Deepak Yadav recorded on 14.09.2010 by S.I. Md. Nazimuddin of Sour Bazar Police Station with the allegation in succinct that on 03.09.2010 at around 12 PM in night the informant along with her mother Indira Devi, husband Deepak Yadav and daughter (victim) had gone to see the fair of Sri Krishna Janamastmi at Routa Mahanth Asthan. As in course of fair her daughter aged about 10 years started napping, she made her to sleep under the shade (Marwa) of Mahanth Asthan. After sometime when she woke up and did not find them, she proceeded towards house. On the way, Nitish Yadav met and took her in the orchard and forcibly committed rape against her. When she started making search of her daughter someone told her that her daughter had gone along with Nitish Yadav and when she proceeded towards orchard she witnessed her daughter coming from the side of orchard followed by NitishYadav. Her daughter told that Nitish uncle has committed rape against her. Listening the same Nitish Kumar made his good escape from there. On witnessing her person she noticed her gentile organ bleeding. Then she took her daughter to her house. There was panchayati in the village regarding the matter but in vain. Nitish Yadav had been extending threatening to them since the occurrence.