Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.154 of 2000 =========================================================== (Against the judgment of conviction dated 3rd May, 2000 and order of sentence dated 6th May, 2000 passed in Sessions Trial No. 42/131 of 1999 by Sri Nishi Kant Chowdhary, 7th Additional Sessions Judge, Motihari). =========================================================== Dasharath Mahto son of Sri Ramashis Mahto, resident of Village-Roopdih, P.S.-Motihari Moffusil, District-East Champaran. .... .... Appellant Versus The State Of Bihar .... .... Respondent =========================================================== Appearance : For the Appellant : Mr. Sandeep Kumar, Adv. Mr. Mukesh, Adv. For the State : Mr. Dashrath Mehta, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 30-10-2012 This appeal is directed against the judgment of conviction dated 03.05.2000 and order of sentence dated 06.05.2000 passed in Sessions Trial No. 42/131 of 1999 by the court of 7th Additional Sessions Judge, Motihari, whereby the appellant, Dasharath Mahto, has been found guilty under [STATUTE] and has been sentenced to undergo rigorous imprisonment for five years. 2. According to fardbeyan of informant, Salya Khatoon (PW-4), the prosecution case in brief is that on 24.03.1998 in the evening, informant, Salya Khatoon was cleaning her door, at that time accused-appellant came there and hold her in her Angan and made attempt to commit rape on unfolding her pant. On raising hullah Patna High Court CR. APP (SJ) No.154 of 2000 dt.30-10-2012 2 by her, her neibhours Md. Alam and Md. Abdul Gafur rushed there in the meantime accused-appellant, Dasharath Mahto, succeeded to flee away from their clutches. 3. On the basis of the aforesaid fardbeyan of informant, Salya Khatoon (PW-4), Motihari Moffusil P.S. Case No. 38 of 1998 was registered under Sections 376, 511 and 354 of the Indian Penal code on 24.03.1998 against the accused-appellant and police on investigation submitted the charge-sheet under the aforesaid sections in the court of Chief Judicial Magistrate, Motihari. Thereafter, the cognizance of the case was taken and the case was committed to the court of sessions for trial numbered as Sessions Trial No. 42/131 of 1999. 4. On perusal of evidence and material available on record the court of 7th Additional Sessions Judge, Motihari hold the guilty and sentenced the accused-appellant as indicated above. 5. In course of trial the prosecution has examined altogether five witnesses out of them PW-2, Abdul Gafur and PW-3, Alam Miyan, the co-villagers of the informant, are heresay as they have stated in their evidence that when they reached on the place of occurrence he was informed by the people about attempt of rape by accused, Dasharath Mahto with Salya Khatoon. PW-1 Roj Mohammad is the father of informant/victim, Salya Khatoon, he is Patna High Court CR. APP (SJ) No.154 of 2000 dt.30-10-2012 3 also the heresay witness as he has stated that he was informed by his wife and daughter about the occurrence of making attempt to commit rape by accused, Dasharath Mahto with his daughter, Salya Khatoon. PW-5, Mokima Khatoon is the mother of victim/informant, Salya Khatoon, she has stated that she was not present at her house and when she came at her house her daughter, Salya Khatoon informed her about laying her on earth by accused-appellant, Dasharath Mahto and who on hullah fled away. PW-4 Salya Khatoon is the victim and also the informant of the case. She has stated in her evidence that on the day of occurrence in the evening she was alone at her house and she was cleaning her door. At that time accused, Dasharath Mahto, came there and laid her on earth and on raising hullah by her, several people came there, then accused, Dasharath Mahto, fled away. She has further stated that accused, Dasharath Mahto, did not do bad work with her. As such, this witness, who is the informant and victim herself, has not supported the prosecution case about attempt of rape with her by accused-appellant, Dasharath Mahto. 6. Under the aforesaid facts and circumstances of this case, I find that the prosecution case has been measurably failed to prove the charge under [STATUTE] against the accused-appellant, Dashrath Mahto. 7. In the result, the judgment of conviction and order Patna High Court CR. APP (SJ) No.154 of 2000 dt.30-10-2012 4 of sentence passed against the appellant are hereby set aside. The appeal is allowed and the appellant is acquitted to the charge. The appellant, Dasharath Mahto, is on bail, so he is discharge from the liabilities of his bail bond. Safik/- N.A.F.R. (Rajendra Kumar Mishra, J)

Applicable IPC Section: 376

Statute Text:
Section 376 of the Indian Penal Code. Rape. Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death.