BABLU CHANDRA GORAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment of conviction and sentence dated 20/02/1999 (sentence passed on 22-2-1999) by the District and Sessions Judge, Dhanbad in connection with Sessions Case No. 83 of 1998, whereby and whereunder the learned sessions Judge convicted the appellant under Section 376 (i) of the Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for ten years and he also awarded a fine of Rs. 2000.00 and in default further to undergo Rigorous Imprisonment for one year.

(2.) Prosecution case in brief is that one Lalita Kumari lodged a First Information Report by recording her Fardbayan alleging therein that she had gone to paddy field of her villager Prafulla Mandal. One Butu Modi, a labourer was also harvesting paddy at the relevant time but he left the field for taking wages and asking the prosecutrix to harvest the rest of paddy. At about 5 p.m. the appellant Bablu Chandra Gorain came there and caught hold of her and felled her down in the paddy field and thereafter committed rape on her forcibly. She raised alarm when one Gopal Mandal who was also harvesting paddy in his field rushed to the spot and caught hold of the accused while he was fleeing away. However, it is learnt later on that the appellant managed to escape.

(3.) On the basis of fardbayan, the FIR was lodged by the police under Section 376, IPC. The Police investigated into the case and submitted charge-sheet. Later on, the case was committed to the Court of Session. The appellant appeared before the Sessions Judge and accordingly charge was framed for the offence under Section 376, IPC, to which the appellant pleaded not guilty. Witnesses were examined. After hearing both sides, the Sessions Judge convicted the appellant and sentenced him to undergo, in the manner as stated above. Hence, this appeal.