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2012 DIGILAW 1614 (PAT)

SURESH BHAGAT v. STATE OF BIHAR

2012-12-04

SHEEMA ALI KHAN

body2012
JUDGMENT Sheema Ali Khan, J. The sole appellant has been held guilty under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years by the 7th Additional Sessions Judge, Motihari in Sessions Trial No. 238/102 of 1999. 2. The occurrence is said to have taken place on 02.09.1999 in the afternoon. The informant claims to have gone to her field to bring some jute leaves. In the mean time, it is alleged that Suresh Bhagat, the appellant, came to the field, threatened her and thereafter supposedly raped her. After commission of rape, she went home and disclosed this fact to her mother. Her father had gone to earn his livelihood. He returned at night and because it had got late, the First Information Report was instituted on the next day. 3. In this case, the victim girl Rajpati Devi was medically examined and Dr. Shakuntala Singh (PW 5) has concluded that the girl was minor. It is said that she was used to sexual intercourse. The opinion given by the doctor is that the girl was not raped as there was no injury on her body to indicate that force was applied or that she had received injury because she was thrown on the ground at the time of commission of the alleged rape. 4. Apart from the medical evidence referred to above, it would be proper for this Court to consider the oral evidence. It is the specific case of the prosecution that the victim girl and the mother disclosed the occurrence to the father. Therefore, the primary source of information regarding the occurrence would be the victim girl herself and thereafter her mother. 5. The victim girl Rajpati Devi has been examined as PW 4. In the examination-in-chief, the girl has taken a stand that Suresh Bhagat attempted to commit rape. The specific words used by her are ^^lqjs'k Hkxr us eq>ls cykRdkj djus dk iz;kl fd;k rFkk dgk fd Äj tkdj vxj fdlh d® dg®xh r® pkdq ekjdj ekj nsaxsA^^ She has further stated that she has no occasion to know or identify the accused before the occurrence took place. Counsel for the appellant points out that her evidence leads to the conclusion that there was an attempt to commit rape. Counsel for the appellant points out that her evidence leads to the conclusion that there was an attempt to commit rape. No description has been given to indicate in what manner the attempt was made in the subsequent statement before the Police. It is also pointed out that it is rather strange that the victim girl should be able to name the appellant, although she claims that she had no occasion to know him earlier before the occurrence. 6. The mother, on the other hand, PW 2 has been declared hostile as she states that her daughter was not raped and that she was not examined during the investigation. 7. The only evidence that has come in support of the story of rape is the evidence of PW 1, Amir Paswan, who claims that her daughter was raped in the afternoon of 02.09.1999. A suggestion has been given to him that his daughter had committed theft in the maize field of Suresh Bhagat, which is just adjacent to the field of the informant. Suresh Bhagat being aggrieved had slapped her. The informant being aggrieved by his acts, had instituted the present case. The suggestion has been denied. 8. The Investigating Officer has also been examined in this case. According to the Investigating Officer, when he visited the place of occurrence, he found that 6-7 plants of maize were lying at the place of occurrence in the field of the informant. According to the independent findings of the Investigating Officer, the jute and the maize plants were 6-7 feet high. He did not find any sign of disturbance in the field such as trampling of the crops to support the prosecution version that the girl was raped in the field. 9. Thus, it would appear on consideration of the oral evidence that the prosecution has not been able to prove the case of rape, rather their case is that there was an attempt to commit rape as per the statement of the prosecutrix herself. Accordingly, I hold the appellant guilty for the offences punishable under Section 376/511 of the Indian Penal Code. Since, the appellant has already remained in custody for 2 years 8 months and 6 days, this Court holds that the period already undergone is sufficient punishment for the offences alleged. 10. In the result, this appeal is dismissed with the modification of the conviction and the sentence. Since, the appellant has already remained in custody for 2 years 8 months and 6 days, this Court holds that the period already undergone is sufficient punishment for the offences alleged. 10. In the result, this appeal is dismissed with the modification of the conviction and the sentence. The appellant is discharged from the liabilities of the bail bonds furnished earlier in this case.