GIRISH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two appellants were charged of committing an offence under Section 366A by the Presiding Officer of Fast Track Court No.II, Nalanda at Biharsharif in Sessions Trial No.135 of 1992 and were found guilty of committing the offence by judgment dated 5.5.2005. The appellant Girish Mahto had separately been charged also under Section 376 IPC and was found guilty also of committing that offence. The two appellants were directed to suffer rigorous imprisonment for four years under Section 366A IPC and were also directed to pay a fine of Rs.2,000/- each. Appellant Girish Mahto was inflicted the sentence of rigorous imprisonment for five years for his conviction under Section 376 IPC.

(2.) THE two appeals have been preferred by the two appellants to challenge their individual convictions. I have heard both the appeals together with the assistant of Sri Dinesh Prasad Verma who offered to assist this court in the two appeals and also Sri Ajay Mishra for the State.

(3.) THE evidence of the doctor is very candid. It has been stated by P.W.7 Dr. Pratima Narayan that if the lady had been so brutally assaulted in the day and in night as has been stated by her by the two accused persons and if she was resisting as was pointed out by her in her evidence that she was always trying to escape from her trauma by throwing her legs, by quickly shifting her body and assisting them, then there must have been some injuries not only on her private part but also on some of her external organs. The doctor did not find any injury. The doctor was stating that if the lady was brutally assaulted then there must have been some inflammation on the private part of the lady and at least she could have pointed out that fact to her but she was not narrating anything. Moreover, the doctor had opined that the lady was aged between 16 to 17 years though the lady while making her statement before a Magistrate under Section 164 Cr.P.C. stated herself to be 18 years of age.