SHYAM SUNDER THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and sentence order dated 23.04.2004 passed by the Additional Sessions Judge F.T.C Banka in Session Trial No.516 of 1997 by which and where under he convicted the sole appellant for the offence punishable under section 376 and 493 of the Indian Penal Code and, accordingly, sentenced him to undergo rigorous imprisonment for 10 years as well as imposed fine of Rs. 5,000/- under section 376 of the Indian Penal Code. Similarly to undergo rigorous imprisonment for 10 years and Rs. 5,000/- was imposed as fine for the offence punishable under section 493 of the Indian Penal Code and, furthermore, in default of payment of fine they were ordered to undergo 3 years rigorous imprisonment. However, both the above stated sentences were ordered to run concurrently.

(2.) PW 10 Sanja Devi gave written statement to D.I.G Bhagalpur on 27.04.1997 stating therein that marriage of her elder sister had solemnized in village Silota and the appellant used to teach the children of her elder sister. She further alleged in his written report that she had gone to the house of her elder sister to look after her children. The appellant used to treat her elder sister as Bhabhi and to her as Sali and when her elder sister was not at home, the appellant forcibly committed rape on her and threatened to kill her. However, when she made protest the appellant assured her to solemnize his marriage with her and, thereafter, she adopted him as a husband. She further alleged that the appellant took her to his house but after 20 days, he started assaulting her and also started demanding Rs. 5,000/-. Subsequently, he left his home. She further alleged that when the appellant left his house, his parents and other family members ousted her from their house and, thereafter, she went to Shambhuganj Police Station for lodging F.I.R but the officer-in-charge of Shambhuganj Police Station was bribed by father of appellant was demanded bribe to the parents of the appellants and having taken bribe from father of the appellant, the officer-in-charge of Shambhuganj Police Station made attempt to commit rape on her. However, she could, any how, escape from clutches of officer-in-charge of Shambhuganj Police Station and, thereafter, on the advice of some persons, she approached to Mahila Police Station, Bhagalpur to get her case registered and when she went to the police station, she again failed to lodge the case and, thereafter, the above stated written report was given to D.I.G Bhagalpur.

(3.) On the basis of aforesaid written report, Shambhuganj P.S Case no. 35 of 1997 was registered on 28.04.1997. The case was investigated by the I.O and after completion of the investigation, I.O submitted charge sheet under sections 376/493 of the Indian Penal Code against the appellant and after cognizance and commitment, the appellant was put up before the trial court and accordingly, he stood charged for the offences punishable under section 376 and 493 of the Indian Penal Code. The appellant denied of charges.