Conviction on minor charges is unsustainable when major allegations, intertwined with minor ones, are disbelieved due to witness inconsistencies and unexplained delays in prosecution.

JUDGMENT :

SHAILENDRA SINGH, J.

The instant appeal has been filed by the appellants, Raj Kumar Singh @ Bhola Singh and Ram Kumar Singh @ Shambhu Singh, against the judgment of conviction and order of sentence dated 20.12.2013, passed by the Court of the learned 1st Additional Sessions Judge, Darbhanga, in Sessions Trial Case No. 291 of 2009, arising out of Complaint Case No. 936 of 2002, whereby and whereunder the appellants have been convicted for the offences punishable under Sections 323 and 504 of the Indian Penal Code (in short, “IPC”). Appellant No. 1 has been further convicted under Section 354 of the IPC. Both the appellants have been sentenced to undergo imprisonment for six months each under Sections 323 and 504, and Appellant No. 1 has been sentenced to undergo imprisonment for one year under Section 354 of the IPC.

Prosecution Story

2. The prosecution story as appearing from the complaint filed by the PW-5 is as follows:

On 23.08.2002 at about 5:30 A.M., the complainant along with the wife of his brother namely, Urmila Devi went to a bamboo orchard located 50 laggis away from their house to attend the call of nature then the accused Mukesh Singh came there and stated to his uncle that the bird had been trapped then the appellant Raj Kumar Singh @ Bhola Singh came and abused the complainant with asking them as to what they were doing there. Thereafter he caught hold of her both hands and co-accused Mukesh Singh pressed her mouth. After that the appellant no.1 tore her blouse and pushed her down and tried to commit wrong with her by lifting her saree and petticoat then she started struggling then her brother's wife came there and raised an alarm with asking the accused why were they committing the wrong with a pregnant lady and then both the accused started assaulting her and during that course they inflicted two or three leg blows to her abdominal area causing severe pain to her thereafter her brother's wife tried to save her but she was also assaulted and upon hearing their cries and alarm, the witnesses rushed to the place of occurrence then both the accused managed to escape. As per the complainant, when her father and brother later went to the guardian of the said accused namely, Ram Kumar Singh @ Shambu Singh (appellant no.2), he abused them by using filthy language and also assaulted them and made them fleeing away. As per the complainant, on account of the alleged assault, her two and half months old pregnancy terminated and regarding the said occurrence, a Panchayat meeting was convened by the accused themselves but they refused to follow the Panchayat and again used the abusing language towards them and thereafter, she went to the police station after her health condition improved but the SHO of police station concerned did not take her complaint rather he ousted her from police station with rebuking her also.

3. On the basis of the above complaint, the concerned Sub-Divisional Judicial Magistrate proceeded under Section 200 of the Cr.P.C. and examined four witnesses. Thereafter, the learned Magistrate took cognizance of the alleged offences, and the case was committed to the Court of Sessions, from where it was sent to the Court of the learned 1st Additional Sessions Judge. Appellant No. 1 and co-accused Mukesh Kumar Singh were charged with offences under Sections 313 and 316 read with Section 34 of the IPC. Appellant No. 1 was separately charged for the offence under Section 376 read with Section 511 of the IPC. Both the appellants and co-accused Mukesh Kumar Singh were jointly charged for the offences under Section 323 of