ARMAN MIAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the State.

(2.) THE appellant has been convicted under Section 376 of the Penal Code and sentenced to undergo rigorous imprisonment for a term of ten years and a fine of Rs. 5000/ - and in default of payment of fine has been ordered to undergo further sentence for a term of six months. The said conviction and sentence has been recorded in Sessions Trial No. 600 of 2009 arising out of Pakridayal P.S. Case No. 12 of 2009 G.R. Case No. 135 of 2009 for offence under Sections 342, 323 and 376/34 of the Penal Code.

(3.) ON the fardbeyan of the informant (not examined) the first information report was duly signed by a witness, Sukhal Mahto, P.W. 2 and on the fardbeyan of the informant the first information report lodged on 18.02.2009, itself, at 19.00 P.M. After recording the fardbeyan the endorsement was made on the fardbeyan to register Pakridayal P.S. Case No. 12 of 2009 and the investigating officer started investigation. The investigating officer is P.W. 9. During investigation, a panty of red colour containing blood stain and the sign of semen and one another cloth of white colour bearing the blood was produced and for which a seizure list was prepared and marked as Exhibit 6, recorded the statement of the victim, Priyanka Kumari. He also recorded the statement of the other witnesses. He also procure the sample of blood and semen of the appellant. He has, further, stated that he sent the blood stained clothes, produced before him, and the sample of the blood and semen of accused -appellant, Arman Mian, for chemical examination to the Forensic Science Laboratory. Attention of the witnesses has also been drawn regarding the statement made by the witnesses before him under Section 161 of the Criminal Procedure Code supporting the case. Attention of the witnesses has been drawn that the witnesses, Kavita Devi, Sumitra Devi, Rani Kumari, have supported the case of the prosecution and after completion of the investigation investigating officer submitted the charge sheet, and on the basis of the said charge sheet cognizance taken, case committed to the Court of sessions and after commitment the charges were framed against two accused persons, Arman Mian, the appellant and Ahsan Mian for offences under Sections 323 and 341/34 of the Penal Code, charge was also framed against Arman Mian for offence under Section 376 of the Penal Code.