RAJESH PATEL Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THE instant appeal has been directed against the judgment and order passed by Shri Krishna Murari, 1st Additional Sessions Judge, Jamshedpur in S.T. No. L68 of 1994/172 of 1995 whereby and whereunder the sole appellant was convicted under Section 376 of the Indian Penal Code and was sentenced to rigorous imprisonment for a period of seven years.

(2.) THE prosecution story is in a narrow compass .The prosecutrix, Sheela Roy in her statement before the police on 25.2.1993 delivered at the Ghatsila police, station narrated that she was working as a Nurse in the Nursing Home of Doctor Prabir Bhagat at Moubhandar, P.S. Ghaisila. East. East Singhbhum. The house of the appellant, Rajesh Patel was located near the dispensary/nursing Home of Doctor Prabir Bhagat. It was alleged that on 14.2.1993 at about 11 a.m. the prosecutrix on the request of the appellant went to his house in order to get back her book from him. As soon as the prosecutrix entered into the house of the appellant, he closed the door from inside and at that time the members of his family had gone out. The prosecutrix tried to make alarm but she was terrorized by the appellant to be killed by a knife, as a result of which, she could not raise alarm. After terrorizing, the appellant committed rape on her. When she felt pain in her private part on such commission of rape she again wanted to cry but she was silenced by the appellant who displayed a knife to her. After commission of the offence she was confined in his house and the appellant escaped after locking the door of his house from outside. After about half an hour one Purnendu Babu of Chundih came there, unlocked the house and asked the prosecutrix to return to her house silently. She went to her house and narrated the occurrence to her mother but on the request of Purnendu Babu the mother of the prosecutrix remained silent for two to four days on the assurance that Purnendu Babu would take action in the matter. It was further alleged that the appellant at the time of commission of offence had threatened the prosecutrix that in case of lodging any complaint against him she would be killed. It was explained in the statement that the appellant had borrowed her book of sociology from the prosecutrix about a week ago as both the appellant as well as prosecutrix were studying in the same college. On the statement of the prosecutrix Ghatsila P.S. Case No. 34 of 1993 was registered on 25.2.1993 under Section 376 of the Indian Penal Code against the appellant. Rajesh Patel. The police alter investigation submitted charge -sheet under the said section against the appellant who was put on trial.

(3.) MR . Bajaj further submitted that in the instant case as many as six witnesses were produced and examined on behalf of the prosecution before the trial Court but none of them, except PW 1, Prosecutrix and PW 2 her mother, have supported the prosecution case. PW 3 Purnendu Singh though he was an important witness of the alleged circumstances but he was tendered by the prosecution. Similarly PW 4 Doctor Pravir Bhagat in whose dispensary the prosecutrix was working at the relevant time of the alleged occurrence was declared hostile by the prosecution, except supporting that she was working in his dispensary as a Nurse. PW 5 Nazir Mohammad was tendered for his cross -examination and similarly PW 6 Dharamdeo Sao was also tendered for his cross - examination and therefore, nothing material could be obtained leading to the complicity of the appellant in the alleged offence under Section 376 of the Indian Penal Code for which he has been convicted.