Patna High Court
Guddu Singh @ Dhiraj Kumar Singh vs State Of Bihar on 15 September, 2011
Author: Gopal Prasad
Bench: Gopal Prasad
Criminal Appeal (SJ) No.394 of 1998
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Against the judgment, dated 22 and 23.09.1998, passed by Shri Bal
Krishna Poddar, Additional Sessions Judge, V, Muzaffarpur, in S. Tr.
No. 127 of 1996
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Guddu Singh @ Dhiraj Kumar Singh, son of Ram Juthan Singh @
Juthan Singh, resident of village Dariapur Kafen, P.S. Kurhani, district
Muzaffarpur .. Appellant
Versus
The State of Bihar .. Respondent
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For the Appellant .. Mr. S.K. Thakur 2, Adv.
For the Respondent .. Ms Anuradha Kumar, APP
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PRESENT
THE HON'BLE MR. JUSTICE GOPAL PRASAD
Gopal Prasad, J.Heard learned counsel for the appellant and the State.
2. The appellant has been convicted under Section 376 of the Penal Code and sentenced to undergo rigorous imprisonment for ten years and, further convicted under Section 452 of the Penal Code and sentenced to undergo rigorous imprisonment for three years.
3. The prosecution case, as alleged, is that while the prosecutrix, P.W. 4, was sleeping in a room which was built of bamboos and straw. Her father, P.W.3, Hulas Das, was sitting in the 2 western room and brother, Anandi Das, P.W. 1, was sleeping outside and door was made of bamboos then in the morning the appellant, Guddu Singh @ Dhiraj Kumar Singh, came and got over the victim and when the victim tried to cry then her mouth was shut causing injury to the victim and, thereafter, Guddu Singh raped her. On her cry, the brother and mother of the victim came and then the brother dragged Guddu Singh and took him to the court yard where after some scuffle then Guddu Singh fled away. The, further, case after some time Guddu Singh, along with other 4-5 persons, which include Arvind Singh, Haransh Singh and Munnu Singh came and threatened not to file a case.
4. On the fardbeyan the first information report lodged and during investigation the statement of the victim was recorded under Section 164 of the Criminal Procedure Code and the victim was examined by the doctor, P.W. 6. The police, after investigation, submitted the charge sheet on which the cognizance taken.
5. However, after commitment, the charge was framed and seven witnesses were examined on behalf of the prosecution.
6. The defence of the accused is that the appellant has falsely been implicated and a false case has been instituted in retaliation that accused, Arvind Singh, has filed a criminal case about the assault of Guddu Singh by the prosecution party and no occurrence as alleged and the witnesses have deposed falsely.
7. The trial Court, after taking into consideration the evidence of the witnesses and considering the defence and defence evidence Exhibit "A" as well as the evidence of the prosecutrix 3 supported the prosecution case regarding the rape and the other witnesses, P.Ws. 1, 2, 3 and 4 are also the eye witnesses to the occurrence and the doctor, P.W. 6, has also confirmed the rape on the person of the prosecutrix as well as the injury also found on her person and the evidence of the doctor is corroborated the case of the prosecution and, hence, convicted and sentenced, as stated above.
8. The learned counsel for the appellant, however, contended that the investigating officer of the case has not been examined and prior to institution of this case, a case was filed on behalf of the uncle of the appellant, bearing Kurhani P.S. Case No. 9 of 1994 for an offence under Sections 323, 324 and 504 of the Penal Code and it has been contended that this is a case of false implication to save their skin from the case filed on behalf of the prosecution.
9. However, taking into consideration the evidence of the prosecutrix and the evidence, adduced, Tetri Devi has supported the prosecution case about the rape that the appellant came, got over her, closed her mouth and raped her and on her cry the father, mother and brother rushed and they saw appellant on the victim and the appellant was caught and was taken in the court yard. During the investigation her statement recorded under Section 164 of the Criminal Procedure Code which supports the case of prosecution case and, further, the doctor, P.W. 6, also confirms the rape, who examined the victim on 23 rd January, 1995, and P.Ws. 1, 2, 3, and 4 have also supported the prosecution case and, hence, prosecution case that when they reached there they found the appellant lying on the victim and, hence, the 4 prosecution has established prima facie case.
10. However, the criticism, advanced by the learned counsel for the appellant, is that the investigating officer has not been examined, however, having regard to the fact that it is a case of rape in which the evidence of prosecutrix has been found to be trustworthy and the other witnesses have also supported and nothing has been shown that what prejudice has been caused to the appellant for non- examination of the investigating officer it is no ground to disbelieve and discard the evidence of the prosecution. Hence, there is no merit in the submission that the prosecution case fails for non-examination of the investigating officer.
11. However, it has been contended that appellant has falsely been prosecuted and a false case is lodged to falsely implicate the appellant to save their skin from the case filed by the appellant, however, the case filed by the appellant is a case under Sections 323 and 324 of the Penal Code and that case was dismissed and it does not stand to reason that a lady in an Indian society will allege a rape to falsely implicate to save herself with regard to a case under Sections 323 and 324 o the Penal Code.
12. It is a mater of a common experience that normally in Indian society a woman does not admits the rape or even an incident which touches her chastity as this is the most valuable thing for an Indian woman. It is unimaginable and unconceivable that an unmarried girl would invent a false story of rape as at this age the victim must be aware about her reputation and consequence of admitting rape which 5 may had jeopardize the reputation of family as well as her future prospect of life even getting married unacceptable and, hence, has consequence more graver than a gain to save herself from a case under Sections 323 and 324 of the Penal Code as it will require more than valuable thing. Hence, there is no merit in submission that the victim has falsely implicated the appellant when there is enormous evidence against the appellant for committing rape.
13. Hence, taking into consideration, the entire facts and circumstances, I find and hold that the prosecution has been able to prove the charges under Section 376 of the Penal Code.
14. The learned counsel for the appellant, however, contends that the occurrence took place in the year 1995 and the appellant has remained in nail for a period quarter to five and the appellant suffered a loss of prestige by the conviction and, further fifteen years have already been elapsed since the date of occurrence, hence, having regard to the facts and circumstances the end of justice shall meet by sentencing the appellant for a period of seven years. Hence, the sentence of ten years is reduced to seven years.
15. With this modification in sentence the appeal is dismissed.
( Gopal Prasad, J. ) The Patna High Court, The 15th day of September, 2011, N.A.F.R., S.A.