IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.93 of 2000

AGAINST

THE

JUDGMENT

OF

CONVICTION

DATED

05^TH

FEBRUARY, 2000 AND ORDER OF SENTENCE DATED 08^TH

FEBRUARY, 2000 PASSED IN SESSIONS CASE NO. 348 OF

1998ARISING OUT OF BOUNSI POLICE STATION CASE NO. 120 OF

1997BY SHRI ARUN KUMAR SINGH, 1^ST ADDITIONAL SESSIONS

JUDGE, BANKa

========================================================

RAJENDRA YADAV, SON OF MADHU YADAV, RESIDENT OF

BHABUA BADAR TOLA KUTAWA, POLICE STATION BAUNSI,

DISTRICT BANKA

.... .... APPELLANT/S

VERSUS

THE STATE OF BIHAR

.... .... RESPONDENT/S

========================================================

Appearance :

For the Appellant/s : Mr. Krishna Mohan, Advocate

Mr. Praveen Kumar, Advocate

For the Respondent/s : NONE

=======================================================

CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN

ORAL JUDGMENT

Date: 21-06-2012

Sheema Ali Khan, J.

This appeal arises out of judgment of conviction

dated 05^th February, 2000 and order of sentence dated 08^th

February, 2000 passed in Sessions Case No. 348 of 1998 by the

1^st Additional Sessions Judge, Banka whereby the Trial Court

has found and held the appellant guilty for the offences

punishable under Section 376 of the Indian Penal Code and

sentenced him to undergo rigorous imprisonment for five years.

2. The prosecution case is based on the fardbeyan

of the informant namely Nand Kumari Devi, recorded on

15.11.1997 at 11.30 A.M. in which it was alleged that there was

Puja of Tufani Baba in the village in which the villagers as well as

Patna High Court CR. APP (SJ) No.93 of 2000 dt.21-06-2012

2 / 7

2

the husband of the informant had gone to worship in the temple.

The informant was alone in her house and slept on a cot. At

11.30 P.M., she woke up when someone entered into her room,

after scaling the northern wall, who thereafter raped her. The

informant awoke on the sound and wanted to come outside. All

of a sudden, one person came and caught the informant on her

cot. She wanted to raise alarm then the person, who was the

villager of the informant namely Rajendra Yadav, gagged her

mouth by inserting clothes and by threatening her removed her

Saya (petticoat) and saree, and committed rape. After sometime

when the semen of the accused was discharged in her private

parts (vagina), he threatened the informant, and left after scaling

over the southern wall. It is further stated that there was a

semen stains on her petticoat. The informant thereafter raised an

alarm, on coming outside her neighbour Bhukhla Devi (P.W.-1),

Tumun Yadav (P.W.2) and Jaggu Yadav (P.W.3) came, who had

seen the accused Rajendra Yadav fleeing away from her house.

On alarm, several persons of the village and the husband of the

informant came to her house before whom the informant

disclosed the occurrence. On this statement of the informant,

Bounsi Police Station Case No. 120 of 1997 under Section 376 of

the Indian Penal Code was registered. The police investigated the

case, recorded the statement of witnesses, seized the petticoat of

the informant and got the prosecutrix medically examined. After

completion of investigation, the police submitted charge sheet

Patna High Court CR. APP (SJ) No.93 of 2000 dt.21-06-2012

3 / 7

3

against the accused on the basis of which cognizance was taken

and then the case was committed to the Court of Sessions.

3. During trial, eight witnesses were examined.

PWs 1, 2 and 3 alleged that they saw the appellant fleeing away

from the house of the victim. P.W-4 is the husband of the victim

lady, P.W.-5 is the informant herself, P.W.-6 is the witness to the

seizure list, P.W.-7 is the Investigating Officer of the case and

P.W.-8 is the Medical Officer, who examined the victim.

4. This Court has to examine as to whether the

allegation of rape on the victim is