BHIKHARI KUWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant has been convicted under Section 376 I.P.C. and sentenced to R.I. for ten years by a judgment dated 5.12.2001 passed by the 3rd Additional Sessions Judge, Buxar in Sessions Trial No. 10 of 1996. The case of the prosecution briefly stated that on 30.8.1995 while she was cutting grass in the fields, the Appellant came there, threw her down and committed rape upon her. She reported the matter to the co -villagers and thereafter at the Police Station next day, upon which the present case was instituted.

(2.) DURING trial the prosecution examined six witnesses in all. Out of whom, P.W.1 Bijai Narain Rai is formal in nature having proved the First Information Report. The Investigating Officer has not been examined on behalf of the prosecution.

(3.) P .W.5 is Dr. Girja Upadhya, who examined the prosecutrix on 31.8.1995 but did not find any injury or stains on the clothes. Hence he did not give any positive opinion in support of the prosecution case. She stated that the victim was aged 35 years of age. P.W.6 Dr. Ambika Prasad Mandal also examined the vaginal swab of the lady but did not find any spermatozoa dead or alive, which is normally available till 72 hours.