KOKA DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THOUGH the proceeding witnessed four Investigating Officer who took charge of investigation on transfer of their predecessors, many a good questions remained unanswered which ought to have been a matter of deep probe by the police during investigation. The basic features of the prosecution case : '' shorn of unnecessary details can be noticed with brevity. Allegedly, on 16th June, 1997 when Janaka Devi had gone to ease near a pond, the appellant came running, fell her on the ground and committed sexual assault on her. When her mother -in -law came on hearing her screamings, the appellant made good his escape relieving her of her silver ornament from neck, of value of Rs. 1,600/ - but her grievance is that though she had taken to public authority, as Police was reluctant to register a case, she had taken recourse to the judicial authority. A police case was eventually registered by the police on behest of the Court and in course of collection of evidences during investigation, the police recorded statement of witnesses, visited place of occurrence and eventually on direction of Superintendent of Police laid charge -sheet before the Court. In the eventual trial that followed, State examined altogether nine witnesses including the prosecutrix, her mother -in -law and other witnesses and also host of Police Officers who partly contributed to the investigation.

(2.) THE defence of the appellant both before the Court below and this Court had been that of innocence and he ascribed his false implication due to dispute persisting between the parties due to flow of water besides house of the prosecutrix. The defence, however, had. not chosen to examine any witness and the trial Judge while rejecting plea of innocence of the appellant, recorded finding of guilt and the appellant to suffer rigorous imprisonment for a term of 10. years under Section 376 pi the Indian Penal Code and also sentenced him to pay a fine of Rs. 2,500/ -, in default of which he was further sentenced to suffer simple imprisonment for a term of six months.

(3.) HIGHLIGHTING , inter alia, the fault that has surfaced in the narrations made in the prosecution witnesses including that of the prosecutrix, contentions raised on behalf of the appellant was that considering evidence of Rubia Devi to be true assertion made by her, there cannot be occasion for this witness to witness ' any part of the event or even the prosecutrix raising alarm, she having, come to the place of occurrence after half an hour of the incident. Submission is that though Jhabbar Das and Ganauri Das too were sought to be relied by the State, they had frustrated the object of the prosecution. Though the prosecutrix had refuted the suggestion made by the defence about instant case to be off -shoot of previous dispute, learned counsel would urge that if evidence of Nakul Das, PW 2, was to be given credence, this witness, in no uncertain term would acknowledge dispute between parties with regard to flow of water and also there being irrigation dispute between them. Other argument is that from narration made by this witness it would appear that since son of Koka Das had died unnatural death, accusations were attributed to the prosecutrix about she being the cause of his death for having invited evil spirit.