In an appeal against conviction for rape, the single judge held that the prosecution failed to prove guilt beyond reasonable doubt due to lack of eyewitness, unsatisfactory child witness testimony, and contradictory medical reports. The conviction was set aside and appeal allowed.
Conviction recorded by the lower Court set aside and appeal allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.506 of 2013
Arising Out of PS.Case No. -188 Year- 2009 Thana -GOGRI District- KHAGARIA
=================================================== 1. Puttu Kumar Laheri S/O Sri Om Prakash Laheri R/O Jamalpur Bazar, Ward No. 19, P.S- Gogri, District- Khagaria .... Appellant Versus 1. The State Of Bihar .... Respondent =================================================== Appearance : For the Appellant : Mr. S.M. Shabir Alam, Adv. For the Respondent : Mr. Binod Bihari Singh, APP =================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL JUDGMENT Date: 02-12-2014
The appellant has been convicted under Section 376 of the Penal Code and sentenced to undergo rigorous imprisonment for ten years.
Gopal Prasad, J.
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subsequently the charge was framed.
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the panty besmeared with blood and the panty sent for chemical examination, but, the Forensic Science Laboratory report does not find any blood on the panty. There is no eye witness to the occurrence. It has, further, been contended that except the evidence of the informant, who is not an eye witness to the occurrence, there is no corroboration or supporting evidence with regard to the offence, hence, it is submitted that the prosecution has not been able to prove the charges beyond reasonable doubt and the order of conviction and sentence recorded by the lower Court is not substantiated.
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took the victim to a doctor, Dr. Nasim Ahmad, but, the said doctor has not been examined as a witness. P.W. 5, is, again, a formal witness, who has formally proved the signature. P.W. 6 is the investigating officer is not an eye witness, P.W. 7 is the doctor, who examined the victim after lodging of the first information report. However, in the evidence of the doctor it has come that he did not find any injury on the private part. He found hymen intact and has reserved opinion and proved the injury report, hence, from the evidence of the doctor it is apparent that he has not found any sign of rape on the person of the victim and he did not find any injury on her private part. P.W. 8 is the victim herself though she has stated that some occurrence has been done with her by Puttu Kumar Laheri and blood oozing out and she got unconscious. However, in her cross examination she has stated that dadi has disclosed her what she has to say and it is stated that her dadi is at the gate of Court and has tutored her that she shall identify the person standing in the dock. Hence, from the evidence of this witness, who is only a child of seven years old, as she stated, whereas the occurrence is about a year back and the probability of her being tutored is there being a child witness is apparent from her evidence.
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either by medical evidence or other supporting evidence. The evidence of doctor is also against prosecution as no injury found and hymen intact.
(Gopal Prasad, J)
The Patna High Court, The 2nd day of December, 2014, N.A.F.R., SA/-
U U T T
3 issues framed by the court
Whether the conviction under Section 376 of the Penal Code is sustainable based solely on the testimony of a five-year-old child witness corroborated by medical evidence showing no injury.
Whether the absence of physical injuries and inconsistent forensic findings regarding blood on the undergarments casts reasonable doubt on the prosecution case.
Whether the lower Court erred in convicting the appellant without independent corroboration of the alleged occurrence.
Puttu Kumar Laheri
The State Of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
