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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHAKRADHARI SHARAN SINGH and CHANDRA PRAKASH SINGH, JJ.
(19.12.2022)
Criminal Appeal (DB) No.30 of 2020
Ravi Mahto & Ors. ... Appellants
vs.
State of Bihar ... Respondent
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) – Section 3(2) (v) – Rape of a SC girl – it is not case of the prosecution at any stage that the offence was committed by accused persons 'on the ground or 'because' the informant belonged to a Scheduled Caste – even the chargesheet has not been filed by the police alleging commission of offence punisable u/s 3(2) (v) of the SC/ST Act nor a charge was framed to that effect – conviction under Section 3(2) (v) of the SC/ST Act is not sustainable. (Paras 15)
Indian Penal Code, 1860 – Section 376 (2) (g) – Rape – according to the fardbeyan by the informant, the occurence took place in her paddy field, south west wards her house and only after she screamed / shouted, her relatives rushed to her – the place of occurrence as described by the PWs is different – major contraditions are in the manner of occurrence also – prosecutrix has developed a new case at trial of commission of rape by appellant no. 1 with the aid of appellants No. 2 & 3 as a result of vengeance at the instance of one Dilip Mahto – medical evidence also not supporting fully the manner of occurrence – no sign of internal injury found – prosecution, thus, failed to establish its case beyond all reasonable doubts – conviction u/s 376(2) (g) set aside – resultantly conviction u/s 3(2) (v) of SC/ST Act also set aside. (Paras 33 to 36)
Chakradhari Sharan Singh, J. – We have heard Mr. Vindhya Keshri Kumar, learned Senior Counsel for the appellant assisted by Mr. Neeraj Kumar, learned Advocate and Mr. Dilip Kumar Sinha, learned Additional Public Prosecutor for the State.
2. The name of the informant, who is said to be the victim of the occurrence has been concealed in the present judgment and order of this Court and has been referred to as the informant (PW-6).
3. By the impugned judgment and order dated 05.12.2019/12.12.2019 passed by learned 1st Additional Sessions Judge-cum-Special Judge (SC/ST Act) Samastipur in Sessions Trial No. 79 of 2021 arising out of Chakmeshi P.S. Case No. 97 of 2011, the appellants have been convicted and sentenced as under:—
| Appellant Number | Conviction under Section | Sentence | ||
| Imprisonment | Fine (Rs.) | In default of fine | ||
| 1. | Section 376(2) (g) of the IPC | Imprisonment for ten years | 25000/- | S.I. for three months |
|
| Section 3(1) (xii) of the SC/ST Act | R.I. for two years | 4000/- | S.I. for one month |
|
| Section 324 of the IPC | R.I. for three months | 5000/- | S.I. for one month |
| 2. | Section 376(2) (g) of the IPC | Imprisonment for ten years | 25000/- | S.I. for three months |
|
| Section 3(1) (xii) of the SC/ST Act | R.I. for two years | 4000/- | S.I. for one month |
|
|
|
|
|
|
|
| Section 3(2)(v) of the SC/ST Act | Imprisonment for life | 50,000/- | S.I. for six months |
|
| Section 324 of the IPC | R.I. for three months | 5000/- | S.I. for one month |
| 3. | Section 376(2) (g) of the IPC | Imprisonment for ten years | 25000/- | S.I. for three months |
|
| Section 3(1) (xii) of the SC/ST Act | R.I. for two years | 4000/- | S.I. for one month |
|
| Section 3(2)(v) of the SC/ST Act | Imprisonment for life | 50,000/- | S.I. for six months |
|
| Section 324 of the IPC | R.I. for three months | 5000/- | S.I. for one month |
4. The prosecution’s case as narrated by the informant (PW-6), is that the appellant No. 1 is a co-villager, kept evil eyes on her for last 1-1½ years and would make consistent attempt to talk to her. He would call her on her mobile number 8051883120 through his mobile number 9934501534 but informant would not talk to him. On 27.10.2012 at 6:00 pm in the evening when it was getting dark, she had gone behind her house to ease herself where these three appellants were present, one of them being the appellant No. 1 himself. The appellant No. 1 is said to have lifted her in his lap and all of them gagged her mouth and forcibly taken her towards southern side of her house in her paddy field and toddy palm orchard. There the appellant No. 1 committed rape upon her. The other two appellants, during the course of commission of rape were holding her hands and legs and keeping her mouth shut. The appellant No. 2 is said to have bitten the informant’s right cheek. When somehow or the other she managed to scream, her grandmother (PW-1), younger sister (PW-2) and her younger brother (PW-3) rushed towards the said agricultural field whereafter all the appellants fled away from the place of occurrence. On reaching there, PW-1 clothed the informant. Based on a fardbeyan to the aforesaid effect recorded by the Police Officer of the concerned Police Station at 9:00 pm., the FIR came to be registered on the same day at 10:00 pm as Chakmeshi P.S. Case No. 97 of 2011, for the offence punishable under Section 376/34 of the Indian Penal Code and Section 3(1) (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ( in short “SC/ST Act”).
5. The police upon completion of investigation submitted charge-sheet for commission of the offence punishable under Sections 376, 324 read with Section 34 of the Indian Penal Code and Section 3(1)(xii) of the SC/ ST Act, upon which cognizance was taken of the said offences by Chief Judicial Magistrate, Samastipur. It transpires from the records that during the course of invest
The importance of reliable and consistent evidence, the need for corroboration of the victim's testimony, and the requirement for scientific examination of evidence in cases of sexual assault.
The main legal point established is the requirement for unblemished and fully trustworthy evidence to support a conviction based solely on the victim's testimony, and the need to establish primary fa....
The main legal point established in the judgment is the requirement of direct evidence to prove the awareness of the victim's caste for conviction under section 3(2) (v) of the Scheduled Caste/Schedu....
The prosecution must prove the accused's guilt beyond reasonable doubt, and contradictions in the informant's testimony, along with lack of corroborative evidence, necessitate acquittal.
The main legal point established in the judgment is the requirement for the prosecution to provide conclusive evidence and corroborative evidence to establish the guilt of the accused beyond all reas....
The judgment establishes that the sole testimony of a prosecutrix in a rape case must be credible and consistent; otherwise, it cannot be relied upon for conviction, especially in the absence of corr....
The evidence of the victim should be examined with sensitivity, and minor discrepancies should not lead to the rejection of her testimony. The Court has a responsibility to consider the broader proba....
The conviction for rape can be upheld based on the victim's credible testimony, even in the absence of corroborative physical evidence, emphasizing the importance of direct ocular evidence.
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