GANESH PRAJAPATI @ GANESHIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. P. C. Tripathy, learned senior counsel appearing for the petitioner in Criminal Revision No. 295 of 2000 (R ), Mr. P. S. Dayal, learned counsel appearing for the petitioner in Criminal Revision No. 298 of 2000 (R ) and Mr. Satish Kumar Keshri, learned A.P.P., for State.

(2.) These revision applications are directed against the judgment dated 08.08.2000 passed by the learned Sessions Judge, Palamau at Daltonganj in Criminal Appeal No. 78 of 2000 whereby and whereunder the judgment and order of conviction and sentence passed by the learned SDJM, Daltonganj in G. R. Case No. 1147 of 1999 convicting the petitioner for the offence punishable under Sections 377 and 341 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for three years and one month simple imprisonment respectively has been affirmed.

(3.) It has been submitted by the learned counsel for the petitioners that no offence under Section 377 of the Indian Penal Code is made out against the petitioners in view of the contrary statement given by the victim (P.W. - 12) as also the injury report which did not find any injury relating to commission of unnatural offence upon the victim (P.W. -12). Learned counsel further submits that the witnesses who have supported the prosecution case are all interested witnesses and, therefore, their evidence cannot be relied upon. Furthering their argument it has been stated that none of the independent witnesses have supported the prosecution case. Learned counsel also submits that the statement of the victim (P.W. - 12) also cannot include an offence for wrongful confinement as it is alleged that the petitioner in Criminal Revision No. 298 of 2000 (R ) had fled away while accompanying the victim (P.W. - 12). It has, therefore, been submitted since the prosecution had failed to prove its case beyond all reasonable doubts the question of convicting the petitioners for the offence punishable under Sections 377 and 341 of the Indian Penal Code does not arise.