The need for unassailable evidence, especially in cases of sexual offenses, and the potential for false allegations.

JUDGMENT :

A.M. BADAR, J.

1. Father is fortress, refuge and the trustee of his daughter. The prosecution case which is held to be true by the learned trial court is to the effect that act of the appellant/accused herein is a betrayal of the faith in the humanity inasmuch as the appellant, who happens to be father of the prosecutrix/PW-1 and who was under moral duty to protect her had himself committed rape on her. In view of the provisions of Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015 as well as in view of object of Section 228A of the Indian Penal Code, I deem it appropriate to describe the appellant by word ‘S’. The Registry shall upload this Judgment and Order on the website by ensuring that the cause title is reflected in the similar manner.

2. The appellant is convicted of the offence punishable under Section 376 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for 10 years vide Judgment and Order dated 21.03.2017 and 22.03.2017 passed in Sessions Case No. 557 of 2009 by the learned Additional Sessions Judge-V, Purnea. This Judgment and Order of conviction and resultant sentence is impugned in the instant appeal by the appellant/father. For the sake of convenience, the appellant shall be referred to as “an accused.”

3. Facts in brief projected from the police report leading to the prosecution of the accused can be summarized thus:

(a) The victim of the crime in question is PW-1 who is being referred by me as ‘Ms. N’. She used to stay with her parents at village-Chandpur Bhangha falling within the jurisdiction of Police Station-Banmankhi/Jankinagar in Purnea District of the State of Bihar. It is case of the prosecution that at about 12.00 noon of 01.07.2006, when the prosecutrix/PW-1 Ms. N, who at the relevant time was a female child aged about 13 years was at her house, her father, i.e. the accused ‘S’ enticed her and took her to their field which was located at the distance of about 2 kilometers from the house. There the prosecutrix/PW-1 Ms. N. was taken inside the bamboo hut by the accused. He then committed forcible sexual intercourse with her. Because of this act of the accused, the prosecutrix/PW-1 suffered lot of pain and she started bleeding from the vagina. She, therefore, started shouting. Hearing her shouts, the daughter-in-law of Radhe Yadav so also his granddaughter named, Anjana Kumari came on the spot. These two ladies also started shouting and, therefore, villagers gathered on the spot. Hence, the accused ran away from the spot through the fields of Banana. The prosecutrix/PW-1 Ms. N. was then taken to their house by the daughter-in-law of Radhey Yadav and Anjana Kumari, who happens to be granddaughter of Radhey Yadav. Grandfather of the prosecutrix/PW-1 Ms. N. then came at that place. With her grandfather, the prosecutrix/PW-1 Ms. N. then went to her own house. At that time, her mother was not present in the house. Her mother/PW-3 to whom I shall refer as Mrs. J returned to the house thereafter. The prosecutrix/PW-1 narrated the incident to her mother.

(b) It is case of the prosecution that the accused was having good relation with the jurisdictional Police Station of Jankinagar. Hence, PW-3 Mrs. J took the prosecutrix/PW-1 to K. Hat Police Station (Khajanchi Hat Police Station) on the next day, i.e. on 02.07.2006. On that day, the Sub Inspector B. Bhushan of the said K. Hat Police Station recorded the F.I.R. lodged by the prosecutrix/PW-1 Ms. N. It was then sent to the Police Outpost of Jankinagar falling under jurisdiction of Police Station Banmankhi. That is how, Crime No. 149 of 2006 for the offence punishable under Section 376 of the Indian Penal Code came to be registered against the accused on 03.07.2006. Wheels of investigation were then set in motion.

(c) The prosecutrix/PW-1 Ms. N. was then sent to the Sadar Hospital, Purnea, on 03.07.2006 itself whereat PW-7 Dr. Sushila Das conducted her medical examination including the ossification test. St