Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) NO.349 OF 2006 ========================================================== 1. MAHESHWAR SAH SON OF LATE CHHEDI SAH 2. NANDU SAH SON OF LATE CHHEDI SAH 3. RAJENDRA SAH SON OF LATE RAMNARAYAN SAH 4. RAM BILASHH SAH SON OF LATE CHHEDI SAH 5. BAUE LAL SAH SON OF PARMESHWAR SAH ALL RESIDENT OF VILLAGE- MOHANPUR PARORIYA, P.S.- UJIYARPUR, DISTRICT- SAMASTIPUR…….... .... APPELLANT/S VERSUS STATE OF BIHAR.... ......................................... RESPONDENT/S WITH CRIMINAL APPEAL (DB) NO. 667 OF 2006 ========================================================== BINOD SAH SON OF RAJENDRA SAH RESIDENT OF VILLAGE- PARORIA, P.S.- UJIYARPUR, DISTRICT- SAMASTIPUR …………………………………………………………………….APPELLANT/S VERSUS STATE OF BIHAR……………………………….... .... RESPONDENT/S ========================================================== Against the judgment of conviction and order of sentence dated 24th February, and 1st March, 2006 respectively passed in Sessions Trial No. 554 of 2004 / 30 of 2004 by Sri Chandrabhan Singh, Additional Sessions Judge, F.T.C. No. IV, Samastipur ========================================================== Appearance : For the Appellant/s : Mr. Akhileshwar Prasad Singh, Sr. Advocate Mr. Ram Shankar Das, Advocate Mr. Bimal Kumar No. 2, Advocate For the Respondent/s : Mr. Ashwini Kumar Sinha, APP ========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Date: 19-10-2012 Above noted both the appeals have arisen out of common judgment, so both have been heard together and are being disposed of by this common judgment. 2. The appellants of both the appeals have preferred the instant appeals against the judgment of conviction and order of Patna High Court CR. APP (DB) No.349 of 2006 dt.19-10-2012 2 sentence dated 26th February and 1st March, 2006 passed in Sessions Trial No. 554 of 2004 / 30 of 2004 by the learned Additional Sessions Judge, F.T.C. No. IV, Samastipur whereby the appellants Rajendra Sah, Nandu Sah, Maheshwar Sah, Baue Lal Sah and Ram Bilash Sah of Cr. Appeal No. 349 of 2006 (DB) have been found guilty under [STATUTE] and were sentenced to undergo rigorous imprisonment for one year and appellant Binod Sah of Cr. Appeal No. 667 of 2006 (DB) has been found guilty under [STATUTE] and was sentenced to undergo rigorous imprisonment for life. 3. The occurrence dated 28.7.2003 at 4.30 PM has led to registration of First Information Report of Ujiyarpur P.S. Case No. 100 of 2003 dated 29.7.2003 wherein Khairoon Nisha (PW 6) gave her fard-beyan before the Assistant Sub-Inspector of Police of Ujiyarpur Police Station on 29.7.2003 at village Mohanpur Proriya at 9.00 PM wherein she stated that in the preceding day, her grand daughter Amna Khatoon (PW 7) had been to see a Mela along with her cousin sister. While she was returning, then near the orchard of Satya Narayan Master, Amna Khatoon was forcibly lifted and carried towards the orchard of Saty Narayan Master and on cry of the informant’s grand daughter, Md. Sabir (PW 1) who was also returning after visiting Mela went but the accused Binod Sah escaped. The accused while escaping was being noticed by other villagers. The informant went to the place of occurrence where she was detailed about the occurrence by her grand daughter and Md. Sabir. At that Patna High Court CR. APP (DB) No.349 of 2006 dt.19-10-2012 3 time blood was coming out from the private part of Amna Khatoon. Amna Khatoon told that she has been carried away towards the orchard where she was ravished by Binod Sah. The news of the occurrence spread in the village, then Rajendra Sah, Ram Bilash Sah, Maheshwar Sah, Nandu Sah, Baue Lal Sah and others threatened the informant against going to Police Station and it was further threatened that if she would lodge any case, then she would also be implicated in false case. She was also assaulted. The victim was got treated by a doctor. Accused persons wanted to suppress the occurrence. The fard- beyan contained signature of B.P. Singh, A.S.I. (Ext 3). The formal First Information Report on being registered was investigated into. In course of investigation statement of the victim was recorded under section 164 of the Criminal Procedure Code (Ext. 1). The victim was examined by the Medical Board and opinion showing the sign of rape (Ext. 2) of the Medical Board was obtained. Statements of the witnesses were recorded and chargesheet was submitted. After submission of the chargesheet cognizance was taken and the case was committed to the Court of Sessions where charges under [STATUTE] was explained to Binod Sah whereas charge under [STATUTE] were framed against Maheshwar Sah, Nandu Sah, Rajendra Sah, Ram Bilashh Sah and Baue Lal Sah. The accused persons pleaded innocence and claimed to be tried. 4. The defence of the accused persons was of false implication on account of fact that the accused persons have been Patna High Court CR. APP (DB) No.349 of 2006 dt.19-10-2012 4 implicated because they belong to a different community. Further defence was that the price of the tea which was being sipped by the father of the victim was not paid to Baue Lal Sah and on demand of price false implication was made. 5. In order to substantiate its charge, the prosecution has examined altogether 8 witnesses. PW 1 Md. Sabir, PW 2 Md. Mozim, PW 3 Ram Babu Tripathi the Judicial Magistrate who recorded the statement of the victim under section 164 of the Cr.P.C., PW 4 Nazma Khatoon the mother of the victim, PW 5 Dr. Renu Sah- the member of the Medical Board as well as the doctor who initially treated the victim, PW 6 Khairun Bibi the grand mother of the victim and informant of the present case, PW 7 Amna Khatoon the victim and

Applicable IPC Section: 201

Statute Text:
Section 201 of the Indian Penal Code. Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, If a capital offence. Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false; if a capital offence — shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; if punishable with imprisonment for life — and if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; if punishable with less than ten years imprisonment — and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.