GANOUR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE facts of the case are too short for elaboration. However, before proceeding to examine credibility of the prosecution version it will be quite useful to take note of some broad features of the case which emerge from materials on the record. Salita Kumari, a minor girl, aged about 10 years had been to a local fair, from where she was picked up by Ganour Das, the appellant who alluring her, on giving petty amount of Rs. 2/ - and also balloons, took her to a nearby banana orchard and having thrashed her on the ground penetrated his genital organ in her private part and it was only on hearing screaming of Salita Kumari that the persons who collected there, took the appellant in custody. They noticed that private part of Salita Kumari was bleeding profusely. The appellant was brought to Police Station in custody with a written complaint of mother of Salita Kumari, pursuant to which first information report was drawn up and investigation commenced. In course of investigation, the Police Officer entrusted with onerous task of investigation, recorded statement of witnesses, visited place of occurrence, sent the victim, who was injured, to doctor for her clinical examination, seized her blood stained wearing apparels, on conclusion of investigation laid chargesheet before the court. In the eventual trial that followed, the State examined altogether 12 witnesses and they are prosecutrix, her mother, doctors, Police Officer, some witnesses who demonstrated familiarity with the incident and also those who turned volte face to the State. The defence of appellant both before court below and this court had been that of innocence and false implication for which no good reasons were however assigned. The trial court, however, on meticulous appreciation of evidences placed on the record, principally relying on testimony of the victim and also the positive finding recorded by the doctors, recorded finding of guilt under Section 376 of the Indian Penal Code and sentenced the appellant to undergo rigorous imprisonment for a period of ten years.

(2.) MANIFOLD contentions were raised at bar on behalf of the appellant to assail the finding of guilt recorded by court below and before I give my due consideration to the submissions made at bar, I consider it appropriate to first dilate and make analysis of evidences that has been adduced on behalf of the State.

(3.) ADVERTING to the narrations made by Salita Kumari Roy, P.W. 10 whose age was assessed by trial court to be 10 years, while stating her woes stated that while she was in local fair, the appellant alluring her, gave her Rs. 2/ - and a balloon and took her to a nearby orchard where having thrashed her on the ground, penetrated his genital organ in private part, pursuant to which private part began bleeding profusely and on her screaming, a good number of persons had collected there. The victim further states that the appellant had put a piece of cloth in her mouth probably to prevent screaming. She was taken to a doctor for her clinical examination.