KARUN GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) By judgment of conviction and order of sentence dated 08.12.2008 and 12.12.2008 respectively passed by the Additional Sessions Judge, FTC No.1, Madhubani, in Sessions Trial No.95 of 2008/45 of 2008 arising out of Bisfi P.S. Case No.71 of 2007, sole Appellant has been convicted for the offence under Section(s) 366 and 376 Indian Penal Code and sentenced to undergo rigorous imprisonment for six years with fine of Rs.1000/- for the offence under Section(s) 366 Indian Penal Code and rigorous imprisonment for eight years with fine of Rs.1000/- for the offence under Section(s) 376 Indian Penal Code. In default of payment of fine, the Appellant shall further undergo simple imprisonment for two months. Both the sentences were ordered to run concurrently.

(2.) The prosecution case, which is based on written report given by the Informant on 22.05.2007, is that on 31.03.2007 at about 4.00 PM, Appellant, Karun Giri, called the Informant by telephone and asked about the whereabouts of her father. When the Informant told him that her father is not in the house, he told her to meet at his house at 7.00 PM. Since Shiv Shankar Giri, father of Appellant, Karun Giri, as well as Appellant were her tutors, so, she went to the house of Appellant where mother of the Appellant offered her a Laddu to eat. When half of Laddu was eaten by the Informant, parents of Appellant asked her to marry with Karun Giri and to go to Darbhanga. She then began to run away but Appellant and his parents asked her to eat entire Laddu. As soon as entire Laddu was taken by the Informant, she felt giddiness. Appellant with the help of his parents after giving threat to kill brought her to Darbhanga by a Tempo. She lost her sense. She regained her sense at 3.00 AM, in the night, then she found herself in a room with Karun Giri. It is further alleged that Appellant forcibly established sexual intercourse with her in that night and when the Informant tried to flee away from there, the Appellant told that there are antisocial elements outside the room and they might misbehave with her. In the morning, one person came and gave injection to her due to which she became semi-unconscious. In the morning of 2nd April, 2007, she found herself at Delhi Railway Station with Karun Giri. She raised alarm there at which the persons standing nearby came and Appellant fled away. Thereafter, the Informant with the help of other passengers came back to her house after three days. It is also alleged that mental and physical condition of the Informant was badly affected. The Informant filed the written report in Police Station after regaining good mental health.

(3.) In the instant case, total ten witnesses have been examined by prosecution. The victim girl, Sadhna Kumari, (Informant) has been examined in the case as PW 6. She has stated in her evidence that while she was in her house on 31.03.2007, she received telephone call at 4.00 PM from the Appellant to come to his house to meet him for essential work. The victim girl (Informant) went to the house of the Appellant since the Appellant was his tutor. The Appellant along with father, Shiv Shankar Giri and mother, Rekha Devi, were present and sitting. She has further stated that Rekha Devi gave her Laddu and when half portion of the said Laddu was taken by her, she was told by Radha Devi and Shiv Shankar Giri to marry with the Appellant and to go to Darbhanga. The victim became surprised to the aforesaid proposal and tried to leave the place, but all the three accused (Appellant) told her to eat all Laddu and whatever she desired that will be done. The Informant ate whole Laddu and thereafter she became unconscious. She was taken by the Appellant and his parents by Tempo and when she regained consciousness she found herself in a room where Appellant told her that they are at Darbhanga. It was 3'o clock in the morning. The Appellant committed rape with her giving threat to kill her. The Court below has recorded the demeanor of the victim girl at the time of her evidence stating the witness was weeping at the time of giving evidence. This witness has further stated in her evidence that one man came in the room and gave injection by which she became unconscious. She found herself with the Appellant at Delhi Railway Station on 02.04.2007. She raised alarm on which persons of the vicinity came. The Appellant fled away from there. The victim has further stated in her evidence that she returned to her house after three days with the help of other passengers. Her mental condition became unstable. She filed the case against the Appellant with the help of family members after her mental condition improved. The written report filed by the victim has been marked as Ext.2. She has also stated that her statement was recorded by the Judicial Magistrate under Section 164 Cr.P.C., which has been marked as Ext.1/A. This witness has described, in detail, the manner of occurrence on the point of rape.