Criminal Appeal (SJ) No.373 OF 1994 [Appeal against the judgment and order dated 19.11.1994 passed by the 1st Additional Sessions Judge, Araria in Sessions Trial No.596 of 1993] MD. ANWAR @ SK. ANWAR, SON OF SK. REZABUL, RESIDENT OF VILALGE DAULATPUR, POLICE STATION JOKI HAT, DISTRICT ARARIA …………………….. Appellant Versus THE STATE OF BIHAR………….. Respondent For the Appellant : Mr. Uday Bhanu Roy, Advocate For the Respondent : Mr. R.B. Roy Raman, Addl. P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The appellant has been convicted u/s. 376 and 493 I.P.C. and sentenced to R.I. for seven years under each count by a judgment dated 19.11.1994 passed by the 1st Additional Sessions Judge, Araria in Sessions Trial No.596 of 1993. The case of the prosecutrix is that she had been lured into having sexual relationship with the appellant on the promise to marry but finally he refused to do so. During trial the prosecution has examined six witnesses in all. Out of whom, P.W.1 is the cousin brother of the informant and P.W.2, P.W.3, P.W.4 and P.W.5 are the co- villagers, whereas P.W.6 is the Investigating Officer. Incidentally the victim/informant herself has not been examined during trial. So the Court is bereft of any eye witness account. P.W.1 has given a hearsay account of the occurrence, whereas - 2 - P.W.2 has merely stated about the Panchayati having been convened to resolve the dispute between the appellant and the victim. P.W.3 was one of the members of the Panchayat and merely stated that the victim was pregnant but how she so was not known to him. P.W.4 like P.W.1 was a hearsay witness, whereas P.W.5 has stated that he was one of the Panches. P.W.6, the Investigating Officer, had stated that the victim was aged 25 years of age at the time of occurrence. Since there is no eye witness account of the occurrence and the conviction is based on inadmissible evidence, I am inclined to allow this appeal. Hence this appeal is allowed and the order of conviction and sentence passed against the appellant on 19.11.1994 passed by the 1st Additional Sessions Judge, Araria in Sessions Trial No.596 of 1993 is set aside. The appellant is discharged from the liability of his bail bonds. Patna High Court Dated, 6th April, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )