BHUMAN CHAUPAL @ MANNA CHAUPAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred against the order of conviction and sentence passed by the 3rd Additional Sessions Judge, Darbhanga, in Sessions Trial No. 80 of 1997. The appellant was convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years.

(2.) THE prosecution case, as mentioned in the fardbeyan of the victim's father, was that on 22.12.1969 his daughter Kanchan Kumari aged about 7-8 years came back to her house and fell unconscious. The informant and his family members became perplexed. After she regained consciousness, she was queried whereupon she told her family members that in the evening when she was carrying straw and passed through the house of accused-appellant Bhuma Chaupal, the latter asked her to come near him. Then the informant's daughter threw down the straw and went inside the courtyard of the accused. The accused forcibly lifted the victim girl in his lap and took her to his cow-shed where she was undressed and ravished. When the victim had attempted to cry, her mouth was sealed by hands of the accused-appellant. The victim was bleeding profusely. The accused-appellant also gave her some coins and asked her to take chocolates. The blood stained Pajama and some other clothes were also produced at the Police Station.

(3.) SO far the evidence of the victim is concerned, she has almost supported the alleged occurrence more or less, as stated in the fardbeyan of her father (Ext-2). Her statements in cross-examination were referred to where she has stated that she was not interested in prosecuting studies nor she had ever studied. So there was no question of she being called by the accused to read. However, this statement of the tender girl aged about 7-8 years, at the relevant time, cannot be taken to be significant in order to discredit her testimony. So far the evidence of her mother and father, their evidence is based upon whatever their daughter told them. The evidence of the parents of the victim girl is a circumstance to lend credence to the statement of the victim girl. They have further stated the victim was bleeding from her private part and was wearing apparel was stained. Of course, the clothes produced at the P.S. were exhibited as material Exhibits. Although the clothes have not been examined by the Chemical expert in order to prove that the clothes were blood-stained and that they contained human blood, still it cannot be disbelieved that the clothes were blood stained. The very production of the same by the parents of the victim at the P.S. and their production in Court would indicate that the informant and his family members were candid in levelling allegations against the accused. So far the doctor is concerned his evidence only corroborates the evidence of the victim and I find that the doctor in his evidence in Court has supported his report, according to which, the labia majora of the victim girl was found in a position covering the pinkish labia majora. Bruising around the vaginal opening was present and the vaginal canal admitted one finger. The hymen was having one tear at 6 O' clock position which was tender and bled on touch. Smears and swabs were taken from the vaginal canal and were examined under the microscope immediately after collection of the samples. No spermatozoa intact or broken could be seen in the smear. The aforesaid findings of the doctor were sufficient to suggest that the appellant had attempted to commit rape on the victim girl and that is why, there were some injuries on the labia majora and complete coitus on such a tender girl is not possible. But the moment an attempt is made to have coitus, that will complete the offence of rape because penetration even upto labias is sufficient to complete the offence under Section 376 I.P.C. So far the evidence of the I.O. is concerned, it is not significant because no vital contradictions were taken from the statements made by the witnesses before the I.O. comparing with their evidence in Court.