SARDAR HARDEYAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is against the judgment dated 9th October 2002 of the Additional Sessions Judge (F.T.C.I). Sasaram passed in S.T. No. 598 of 1985/136 of 2001 whereby the appellant has been convicted under Sections 366, 376 and 379 IPC with respective sentences of R.I. for 10 years, R.I. for 10 years and R.I. for 1 year.

(2.) IT appears that the appellant along with Manu Singh, the father of the appellant and Soni Kumari, sister of the appellant were also tried on the charge of conspiracy for the offences but they were acquitted by the trial court.

(3.) AS many as ten witnesses were examined by the prosecution out of whom P.W.1 Dasai Yadav, P. W.3 Shiv Kumar Singh, P.W.4 Lakshmi Narayan Singh and P.W.5 Bijay Kumar Dubey turned hostile to the prosecution. P.W.2 Indira Devi is the mother of the victim who stated that the appellant had taken the victim Rekha Kumari with him for giving medical treatment for cut injury. P.W.6 Shanti Devi is the sister of Rekha Kumari who also stated similar to P.W.5. P.W.7 Rekha Kumari is the victim herself. P.W.8 Dr. Prabhawati Prasad is the doctor who examined the victim and also stated about the findings of Medical Board with regard to the examination of the victim and deposed that the age of the victim was assessed by the Board as 13 -14 years. But any sign of rape or marks of external or internal injury was not found on her. P.W.9 Kedar Nath Singh and P.W.10 Narendra Kumar Singh were formal witnesses who proved the writings on the FIR. The I.O. was not examined. The informant Parmeshwar Mishra, father of the victim girl was also not examined by the prosecution.