LAWS(PAT)-2011-7-281

MANTOO KUMAR SINGH Vs. STATE OF BIHAR

Decided On July 12, 2011
MANTOO KUMAR SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The appellant has been convicted u/s.376 I.P.C. Prakash, J:

(2.) The case of the prosecution according to prosecutrix Kiran Kumari (P.W.5) is that on 25.12.1995 when she along with her brother had gone to the floor mill of the appellant to get her paddy crushed, the appellant allegedly asked her brother to go home on some pretext and in the mean while committed rape upon her. In the mean another lady came also for getting her rice crushed but the appellant asked her to come after sometime, then he asked the prosecutrix to come and he again raped her. Then she allegedly started crying, at which P.W.4 came there.

(3.) During trial the prosecution has examined thirteen witnesses. Out of whom, P.W.2 and P.W.3 are the parents of the victim, whereas P.W.5 is the victim herself and P.W.7 is her brother. P.W.8 and P.W.10 are seizure witnesses and P.W.4 is an alleged eye witness. P.W.9, P.W.11, P.W.12 and P.W.13 are the four Investigating Officers, whereas P.W.1 and P.W.6 are the two doctors. During trial the victim P.W.5 stated as to how her brother was sent home on some pretext and then the appellant committed rape upon her. She further stated that after the first act was over, the appellant asked his customers to come after sometime and once again committed rape on the victim, at which she crying and then P.W.4 came there. P.W.4 Morwa Devi has stated that when she went to the flour mill of the appellant, she found the door closed and when she got it opened she saw the prosecutrix weeping on the Chowki, whereas the appellant had mounted her body. Seeing the said witness appellant got up hurriedly and dressed himself. She then told her that she went to the mother of P.W.5 and paddy has been scattered but she did not tell about the occurrence. The mother P.W.2 was informed about the occurrence by the victim herself. P.W.2, P.W.3 and P.W.7, who are the parents and the brother respectively of the victim, have deposed as hearsay witnesses. P.W.6 Dr. Arun Bhati stated that she had examined the victim on 26.12.1995 but found the hymen intact as also no injury on the private parts. She sent the vaginal swab for pathological examination to P.W.1, who testified that he did not find any spermatozoa in the said swab. He also proved the report of the Medical Board, which in his opinion found the victim of 9-10 years of age.