KALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a learned Single Judge of the Patna High Court dismissing the appeal filed by the appellant by which he had questioned the correctness of conviction for offence pun ishable under Section 376 read with Section 511 of the Indian Penal Code, 1860 (in short the IPC) and sentence of 10 years rigorous imprisonment and fine of Rs. 500/-with default stipulation, as imposed by learned Additional Sessions Judge I, Katihar.

(2.) Background facts in a nutshell are as follows : First Information Report was lodged on 27-11-1997 by mother of the victim, aged about 6 years, alleging that the appellant had taken the victim to a lonely place and forcibly raped her on 25-11-1997. The victim suffered terrible pain. Persons of the locality tried to intervene in the matter and there was some delay in lodging the FIR. Investigation was undertaken and charge-sheet was filed for alleged commission of offence punishable under Section 376, IPC. The victim was examined as PW-6 while her mother, the informant was examined as PW-4. The trial Court and the High Court relied on the evidence of PWs 4 and 6 to hold the appellant guilty of offence punishable under Section 376 read with Section 511, IPC and sentenced him as afore-noted. The appeal before the High Court did not bring any result. The basic challenge in this appeal appears to be that the evidence of the child witness should not have been accepted particularly in the absence of any corrobora tion. It has also been indicated that the sentence is harsh. Learned counsel for the State has urged that the testimony of a child witness particularly in case of this nature does not require corroboration if the testimony of the victim is credible. It is also pointed out that the victim had immediately after occurrence told her mother about the incident and, therefore, her evidence is of con siderable importance.

(3.) Since the age of the victim was 6 years at the time of incident, the appropriate conviction would have been under Section 376(2)(f, IPC if conviction would have been for rape. Under Section 376(2)(f) the permissible sentence is life sentence with minimum of 10 years.