RAJ KUMAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT was convicted by the trial court under section 376/511 lPC and was sentenced to undergo RI for 7 years although he was charged under section 376 IPC itself.

(2.) THE prosecution case originated on the fardbeyan of Munuwati Devi (PW 6), wherein she alleged that two months prior to 12.8.89 (on which date she had given fardbeyan) her daughter aged about 3 years, then, (PW 10) was playing in the Bamboo orchard at 10 a.m. Suddenly convict -appellant Raj Kr. Sah lifted her and carried her to the courtyard of one Sunaina Devi, where he (appellant) committed criminal assault upon her. When she raised alarm, the appellant fled away. Victim received blood -stains on her thigh and bed -sheet (Gendera) of Sunaina Devi also got soiled with blood. The victim went to her house and narrated the said occurrence to parents. There was panchayati in the village and the Panches imposed a fine of Rs. 500/ - upon the appellant. Appellant failed to pay the fine. Thereafter informant went to police station and gave her fardbeyan, on the basis of which the case was registered and after investigation, chargesheet was submitted, and the appellant faced trial. Out of ten witnesses examined in the trial court, PW 10 was victim herself, PW 9 was the doctor, PW 1 was the so called one of the Panches, PWs 3 and 4 turned hostile, PWs 2 and 5 were tendered. PW 6 was the informant, mother of the victim, and PW 7 was father of the victim, PW 8 has also turned hostile. Thus, on record, there remains PWs 6, 7 and 10 only to support the alleged occurrence perpetrated by the appellant. In this connection, evidence of PW 2 Sunaina Devi also gains significance because in the fardbeyan or in the evidence of PWs 6 and 7, there is a statement that alleged occurrence was committed in absence of Sunaina Devi from her house. Informant and her husband alongwith the victrim had gone to the house of Sunaina Devi and they all had seen the soiled bedsheet (Gendra), but Sunaina Devi failed to support the prosecution case that there was any bloodstain on the

(3.) THE aforesaid discussion of the evidence on record show that there was unsatisfactory and inordinate delay in lodging the case before the police. There was evidence of only interested witnesses and the circumstances unleased by the evidence on record also indicated that there was chance of false implication on accont of land dispute.