HIRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this appeal, appellant/accused no.1 Hira Yadav and appellant/accused no.2 Suresh Yadav are challenging the Judgment and Order dtd. 19/2/2014 and 21/2/2014 respectively passed by the learned 2nd Adhoc Additional Sessions Judge, Bagaha, in Sessions Trial No.101 of 2003 thereby convicting them of the offences punishable under Sec. 376(2)(g) read with 34 of the Indian Penal Code and sentencing them to suffer imprisonment for life apart from a direction to pay fine of Rs.20,000.00 each and in default, to undergo rigorous imprisonment for six months. For the sake of convenience, the appellants shall be referred to in their original capacity as "the accused ".

(2.) Facts in brief leading to the prosecution of the accused gathered from the police report can be summarized thus:

(3.) We heard the learned Advocate appearing for the appellants/accused. By taking us through the records and proceedings, he argued that no independent witnesses are examined to prove the case of the prosecution. It is further argued that the medical evidence is not supporting the case of prosecution. There were no injuries on the person of the prosecutrix. The report of the Forensic Science Laboratory cannot be pressed in service as the Investigator was not examined. It is further argued that evidence of the prosecutrix is not of sterling quality and, therefore, the same cannot be relied upon. To buttress this contention, reliance is placed on the Judgment of the Supreme Court in Santosh Prasad @ Santosh Kumar Vs. State of Bihar, reported in (2020)3 Supreme Court Cases 443.