SHAMBU SHAH Vs. STATE OF BIHAR
LAWS(PAT)-2004-7-133
HIGH COURT OF PATNA
Decided on July 05,2004

Shambu Shah Appellant
VERSUS
STATE OF BIHAR Respondents


Cited Judgements :-

SARAFAT MIAN; RAJU MIAN VS. STATE OF BIHAR [LAWS(PAT)-2006-12-122] [REFERRED]


JUDGEMENT

I.P.SINGH,J. - (1.)THE sole appellant has been convicted under section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years with a fine of Rs.2000/ -, in default of payment of fine, to undergo rigorous imprisonment for one year more.
(2.)THE prosecution case, in short, is that on 10.8.1990 at about 12. Oclock in the noon informant Shakuntala Devi had gone to take bath on the hand -pipe of Pachu Thakur. When she was making preparation for taking bath, suddenly appellant appeared there and picked up the informant in his lap and took her to a vacant room situated in the Khalihan of Satahu Thakur by pressing her mouth and threw her down on the earth and forcibly committed rape on her after removing her Sari. When she raised alarm, the appellant put knife on her neck and after committing rape fled away. It has been stated that the informant disclosed this occurrence to her mother Etabaria and to the Mohalla people. Then the people of the Mohalla began to search the accused and they could apprehend him on the following morning and they took him to the Camp Police Station Kot Bazar and the A.S.I. recorded the Fardbeyan of the informant. On the Fardbeyan of the informant formal F.l.R. was drawn up. The police after investigation submitted charge sheet against the appellant. Accordingly, cognizance was taken and the case was committed to the court of sessions for trial. Ultimately the trial concluded with the result as indicated above. The appellant pleaded not guilty.
Prosecution in support of its case examined altogether six witnesses. P.W. 1 is Shakuntala Devi (informant), P.W. 2 is Jagarnath Paswan, P.W. 3 is Upendra Paswan, father of the informant, P.W. 4 is Etabaria Devi, mother of the informant, P.W. 5 is Bhikhari Paswan, a hearsay witness and P.W. 6 Dr. Renu Chatterjee, who examined the victim girl and issued medical report, Ext. 1.

(3.)P .W. 1, the informant has fully supported the case of the prosecution as stated in her Fardbeyan. According to her, on the date of occurrence at about 12 O Clock in the noon she had gone to take bath on the hand pipe of Baru Thakur. The acc used suddenly came and took her in his lap and went near a hut and forcibly committed rape on her by pressing her mouth. When she stared raising alarm, she was threatened by the appellant that if she will raise alarm, she will be killed. Thereafter she started weeping and after the occurrence she came to her house and disclosed about the occurrence to the villagers, namely, Bhikhari, Jagarnath Paswan and Upendra Paswan. She has also stated that her mother was not present at the house. She had gone to village Beeta to her sisters house and when her mother came back she disclosed about the occurrence to her. The villagers arrested the accused on the next day and took him to the Sitamarhi Police Station. She also went to the police station and gave her Fardbeyan and she also put her thumb impression over it. The other witnesses P.Ws. 2, 3, 4 and 5 have also supported the version of the appellant. P.W. 6 is Dr. Renu Chatterjee. She examined the victim girl on 11.8.90. She did not find any scratch or foreign hair on her private part or her linen. She has further stated that there was no sign of any semen on her private part or her linen. She took the vaginal swab and sent to the pathologist Dr. Meena Sharma, Sadar Hospital, Sitamarhi for pathological examination. The report of the pathologist showed absence of spermatozoa. A few epitheliel cells were found. In her cross examination she has stated that she did not find any injury externally or internally on her private part. The investigating officer of this case has not been examined.


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