Criminal Appeal No.43 OF 1996 (S.J.) [Appeal against the judgment and order dated 15.2.1996 passed by the 1st Additional Sessions Judge, Aurangabad in S. Tr. No.7 of 1988/ 83 of 1993] 1. LAXMAN SINGH 2. BHAGWAN SINGH 3. SITA SINGH, ALL SONS OF LATE KAMESHWAR SINGH 4. MUNDRIKA SINGH SON OF LATE GANGA SINGH, ALL ARE RESIDENT OF VILLAGE CHIRAILI TOLA, DEORAJ BIGHA, P.O. BELAIN, P.S. NABINAGAR, DISTRICT AURANGABAD ………. Appellants Versus THE STATE OF BIHAR ………….. Respondent For the Appellants : Mr. Krishna Pd. Singh, Sr. Advocate Mr. Manindra Kishore Singh, Advocate Mrs. Meena Singh, Advocate Mr. Manish Kumar No.3, Advocate For the Respondent : Mr. Suraj Pd. Singh, Addl. P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The appellant nos.1 and 4 have been convicted u/ss.354 and 323 I.P.C. and sentenced to R.I. for two years and six months respectively whereas the appellant nos.2 and 3 have been convicted u/s.323 I.P.C. and sentenced to R.I. for six months by the 1st Additional Sessions Judge, Aurangabad in S. Tr. No.7 of 1988/ 83 of 1993 by a judgment dated 15.2.1996. 2. The case of the prosecution is that on 5.6.1987 when the two minor sisters of the informant were going for collecting cow dung the accused persons caught them and they attempted to rape them. However, they fled away after an alarm - 2 - was raised. When the informant and others accosted the accused persons they were further assaulted by them. 3. During trial the prosecution in all examined fifteen witnesses. Out of whom, P.W.4 and P.W.9 are tendered witnesses whereas P.W.12 and P.W.14 are doctors and P.W.11 and P.W.15 are the Investigating Officers. P.W.3, P.W.5 and P.W.6 are formal witnesses. P.W.1, P.W.2, P.W.7, P.W.8, P.W.10 and P.W.13 are the material witnesses. P.W.7 and P.W.13 are the two victims whereas P.W.10 is the informant. 4. The appellants were initially charged u/ss.307/149, 342 and 376 I.P.C. as well but they were acquitted of the charges and convicted as mentioned above. 5. One witness was examined on behalf of the defence who brought on record the counter version of the occurrence which was instituted as Nabinagar P.S. case No.37 of 1987 and the same was marked as Exhibit A. The injuries sustained by the accused persons were also brought on record, which were marked Exhibit C and D. 6. On going through the evidence of the material witnesses as well as the fact that there was a counter version of the occurrence, there is no difficulty in holding that the prosecution has not been able to prove its case beyond all reasonable doubt inasmuch as they have consistently denied the factum of counter version which in the facts of the case was admitted position. - 3 - 7. In the result, the appeal is allowed and the order of conviction and sentence passed against the appellants on 15.2.1996 by the 1st Additional Sessions Judge, Aurangabad in S. Tr. No.7 of 1988/ 83 of 1993 is set aside. The appellants are discharged from the liabilities of their bail bonds. Patna High Court Dated, 19th May, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )