MD. TOHID Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants have been charged and held guilty under Section 376/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with fine having default clause and rigorous imprisonment for 10 years and fine having default clause under Section 307/34 Indian Penal Code.

(2.) The victim, in the present case, is a minor daughter of P.W.1 and P.W.7. The fardbeyan of P.W.7 (mother) was recorded on 01.03.2010 at 8.45 a.m. at the Referral Hospital, Triveniganj. The daughter had gone to school in the morning. She also used to work in the house of Ignosh. On 28.02.2010, when she did not return even late in the evening, she reported to her husband(P.W.1). As they had set out in search of victim in the wee hours of 01.03.2010, P.W.2 informed about lying of the victim in the brinjal field. The informant along with P.W.2 went to the field and found her daughter lying in a state of unconsciousness. She was brought home and thereafter taken to the Triveniganj Sub-Divisional Hospital where P.W.6 first attended on her. He referred her for medical examination by a lady doctor. On the following day i.e. 02.03.2010 at 11.15 a.m., the victim was medically examined by P.W.5 (Dr. Nutan Verma). She furnished the medical report (Ext.1). The doctor found multiple scratches over left face as also on the forehead. There was swelling of left eye lids. The upper lip was swollen having three teeth like lacerated impressions. Three lacerated (penetrated) wounds caused by teeth bite over inner surface of lower lip was also found. There was defused swelling over right and front neck. The doctor further noticed mild swelling of right front of left chest. Two linear longitude abrasions each 1" to 1 1/2" long with gap of 2 1/2" each over front of upper chest. On further examination, she found blood stain U shaped multiple clots over labia. The hymen was found ruptured. On the basis of the aforesaid findings, the doctor opined it a case of rape. According to the fardbeyan, the victim while in a state of semi-unconscious, had given out the names of the two appellants who had ravaged her and also assaulted on different parts of her body. Upon conclusion of investigation, the charge-sheet was laid whereon cognizance was taken and the case, on the commitment proceeding having been levied, was placed on the file of the learned Trial Judge for disposal. Charges were framed and explained to the accused/appellants who abjured their guilt and claimed trial.

(3.) To bring home the charges, the prosecution examined 07 P.Ws. P.W. 1 Md. Mukhtar is the father of the victim. P.W.2 Md. Abbas is the co-villager who had first spotted the victim lying in the brinjal field and informed the mother (P.W.7). P.W.3 Md. Manir is again a co-villager who had helped the victim to go to hospital. P.W.4 Afsana is the victim herself. P.W.5 Dr. Nutan Verma was then posted as the lady doctor at the referral Hospital, Triveniganj where she medically examined the victim on being referred by Dr. I.D. Yadav (P.W.6). P.W.7 Shamsha Khatoon is the mother of the victim to whom, as per F.I.R., the victim had whispered and disclosed the names of these two appellants who had followed and captivated her near the place of occurrence and then forcibly committed rape on her. The prosecution also exhibited the two medical reports furnished by P.W.6 (Ext.1/1) and P.W.5 (Ext.1). The defence of the appellants was their false implication in the case.