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IN THE HIGH COURT OF JUDICATURE AT PATNA
SHAILENDRA SINGH
Shyam Jee Mishra @ Manindra Mishra – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
The instant criminal appeal has been preferred by the appellant, Shyam Jee Mishra @ Manindra Mishra, against the judgment of conviction dated 09.12.2013 and the order of sentence dated 11.12.2013 passed in Sessions Trial Case No. 94/2012 by the Court of the Additional District and Sessions Judge-II, Buxar, whereby and whereunder the appellant has been convicted of the offence under Section 376 of the Indian Penal Code (in short, ‘IPC’) and sentenced to undergo rigorous imprisonment for seven years along with a fine of Rs. 1,000/-. In default of payment of fine, he has been directed to undergo simple imprisonment for an additional period of one month.
Prosecution Story:-
2. The substance of the prosecution case is as follows:
As per the informant, who is the father of the victim, his daughter (hereinafter referred to as the “victim”, her name being withheld to conceal her identity) was studying in Class VI at St. Cambridge Higher Secondary School, Dumrao. Her date of birth is stated to be in April, 1999, and her class teacher was Shyam Jee Mishra (the appellant). The appellant had visited his house on one or two occasions prior to the alleged occurrence. On 22.01.2012, his da
Rape conviction under Section 376 IPC set aside due to unexplained nine-day FIR delay, contradictions in non-sterling victim's testimony, tutoring possibility, faulty investigation lacking corroborat....
The prosecution's failure to satisfactorily explain a 26-day delay in filing a complaint raised significant doubts regarding its credibility, necessitating the acquittal of the appellant.
Prosecution must conclusively prove the victim's age and the accused's wrongful conduct to establish kidnapping or abduction under IPC sections 363 and 366.
The prosecution must prove its case beyond reasonable doubt, and failure to examine the Investigating Officer can result in significant prejudice to the accused, as demonstrated in this case.
Prosecution must prove intent for kidnapping under Section 366 IPC; mere abduction insufficient for conviction, especially when delays and contradictions in victim's testimony exist.
The main legal point established in the judgment is that serious contradictions and inconsistencies in the prosecution's evidence, along with strong suspicion of concoction and afterthought due to de....
The prosecution failed to prove the victim's age and the occurrence of the alleged incident beyond reasonable doubt, leading to the appellant's acquittal.
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