Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.571 of 2006 Against the judgment of conviction dated 26.5.2006 and order of sentence dated 27.5.2006 passed by Mr. Govind Prasad Singh, Additional District and Sessions Judge (Fast Track Court No.1), Kishanganj in Sessions Trial No.288 of 2006/Tr. No.10 of 2006. =========================================================== Md.Akhtar son of Md. Sultan, resident of village-Khagra, Juljuli, P.S.-Kishanganj, District-Kishanganj .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Radha Mohan Singh Mr.Ramesh Kumar Singh For the Respondent/s : Mr. Ashwini Kumar Sinha, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH And HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH C.A.V. JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) Date: 11-04-2012 1. The appeal is directed against the judgment of conviction dated 26.5.2006 and order of sentence dated 27.5.2006 passed by learned Additional District and Sessions Judge, Fast Track Court No.1, Kishanganj in Sessions Trial No.288 of 2006/Tr. No.10 of 2006 by which the appellant has been convicted for having committed the offence punishable under [STATUTE] and sentenced to undergo rigorous imprisonment for life and a fine of Rs.5,000/-. 2. The prosecution case in brief is that on 27.1.2006 at about 8 p.m. wife of the informant namely, Jamila Khatoon (P.W.3) Patna High Court CR. APP (DB) No.571 of 2006 2 had gone to nearby shop with the victim, (name withheld by us), a three years old child in her lap for shopping. The appellant Md.Akhtar affectionately took the victim from her lap while she was on way and showing fond attachment with the child to buy her biscuit he walked away. When Jamila Khatoon returned back to her house after shopping and did not find her daughter there, she started enquiring about her. Upon enquiry being made neighbours namely, Chunna (not examined), Nasima Khatoon (P.W.1), Md Nasim (P.W.2) and others came to her house. In the meantime, the appellant Md.Akhtar together with the victim in his lap came to the house of the informant at about 9 p.m., entered inside, threw the victim in the courtyard and ran away. The informant picked up the victim and noticed profuse bleeding from her private part. The victim was immediately carried to Sadar Hospital, Kishanganj by the informant, his wife and others present there for treatment. 3. The informant Md. Aslam (P.W.4) made oral statement in the night intervening between 27/28-1.2006 at 00.05 a.m. in Sadar Hospital, Kishanganj which was recorded by Sub.Inspector of Police, Awdhesh Kumar Mishra (P.W.5), who was the then officer incharge of Kishanganj Police Station. The informant claimed in his fardbeyan that accused Mr.Akhtar committed rape upon her resulting in bleeding injury. Patna High Court CR. APP (DB) No.571 of 2006 3 4. P.W.5 Awadhesh Kumar Mishra, who has recorded the fardbeyan of the informant in Sadar Hospital, Kishanganj forwarded the same to the police station for instituting a case under [STATUTE] and he being the officer incharge of the police station took up the investigation of the case himself. Accordingly, Kishanganj P.S. Case No.12 of 2006 dated 28.1.2006 was registered under [STATUTE] at about 2.15 a.m. After investigation was over, chargesheet was submitted in the case under [STATUTE] against the appellant. Upon cognizance of the offence being taken, the case was committed to the court of sessions for trial. On 18.2.2006 charge under [STATUTE] was framed against the appellant for ravishing three years old daughter of the informant on 27.1.2006 between 8-9 p.m. to which the appellant did not plead guilty and claimed to be tried. 5. The prosecution in order to prove the charge examined seven witnesses in course of trial namely, two neighbours Nasima Khatoon (P.W.1) and Md.Nasim (P.W.2), the mother of the victim Jamila Khatoon (P.W.3), the informant Md.Aslam (P.W.4), the investigating officer ( Awadhesh Kumar Mishra), the doctor Urmila Kumari (P.W.6) who examined the victim and the victim (P.W.7). 6. It is to be noted that the victim, though, produced in Patna High Court CR. APP (DB) No.571 of 2006 4 the court as a witness, she being minor child aged about three years only did not speak anything. Her presence as a prosecution witness in the court is of no consequence. 7. P.W.1 Nasima Khatoon, a neighbour of the informant, stated that she runs a hotel and a betel shop at Halim Chowk. She was acquainted with P.W.3 Jamila Khatoon, who resides at a distance of 10-15 feet from her shop. On the day of occurrence at about 8 p.m. while she was present in her shop Jamila Khatoon came there with her daughter. The appellant took the victim from the lap of Jamila Khatoon and offered to buy biscuit for her. The appellant did not come thereafter. The parents of the victim started searching their daughter but she could not be located. At about 9 p.m. the appellant brought the victim in the courtyard of the informant‟s house, threw her and ran away. Her mother picked up the victim and noticed that she was bleeding from her genital tract. Thereafter, P.W.1 and others reached there. The victim was taken to the police station and from there she was sent to the hospital. P.W.1 has stated that she did not go to the police station. She knew Md. Akhtar, the appellant, as a tractor driver. 8. P.W.1 was cross examined by the defence. In cross- examination she has admitted that her shop is situated at a busy market place. There is grocery shop in the vicinity. Near about 100 Patna High Court CR. APP (DB) No.571 of 2006 5 people are always found present in the locality. It was a dark night. When she reached the house of Jamila

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.