Criminal Appeal (SJ) No. 117 OF 1995 ******** Against the judgment and order of conviction dated 27/29-6-1995 passed in Sessions Trial No. 116/88, Andar P.S. Case No. 101/86 by the learned Additional Sessions Judge Ist, Siwan. ****** RAM JANAM PRASAD S/O LATE RAMDHARI RAY R/O VILLAGE MAHARAJA HATA, KATIRA ARRAH, P.S.- ARRAH NAWADA, DISTRICT- BHOJPUR, AT PRESENT POSTED AS ACCOUNTANT LAND DEVELOPMENT BANK, HEAD OFFICE, PATNA ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Y.C. Verma Sr. Adv. : Mr. Ram Chandra Singh : Mr. Ram Kumar Roy : Mr. Suraj Bansh Roy For the State : Mr. J.K. Singh No. 1 APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant has been convicted under Section 376 I.P.C. and sentenced to rigorous imprisonment for 7 years by judgment dated 27/29-6-1995 passed in Sessions Trial No. 116/88, Andar P.S. Case No. 101/86 by the learned Additional Sessions Judge Ist, Siwan. 2. The case of the prosecution is that on 2.12.1986 at about 7.30 p.m. The appellant who happened to be the cashier of Land Development Bank aged about 35/ 36 years inquired from the victim about the absence of her parents and dragged her through the back door of her house and took her to the residence and thereafter rapped her and also took her naked photograph. Three days later the First Information Report was instituted. 3. The prosecution examined 5 witnesses out of whom P.W. 1 and 5 are formal in nature whereas P.W. 2 and 3 are the parents of the victim who is P.W. 4. The defence also exhibited the document and a witness on the point that the earlier dispute between them for which an Informatory Petition was filed. However, the same is not trustworthy and has been discarded from the consideration from the Trial Court. 4. On going through the evidence of the prosecution one find that neither the doctor nor the Investigating Officer has been examined. It has been conceded by the P.W. 4 that she resides in a densely populated area and, therefore, it does not seem probable and she could have been pulled out from her house at 7.30 p.m. in the evening without anyone coming to know of it. Further the evidence also discloses that the appellant used to come to her house and have meals, which showed that there was easy relationship between the parties. 5. In absence of the examination of the Investigating Officer who alone could have cogently brought before this court the objective position of relationship between the parties as also the place of occurrence. I am unable to accept the prosecution case. 6. In the result, the appeal is allowed and the order of conviction and sentence passed against the appellant by the learned Additional Sessions Judge Ist, Siwan in Sessions Trial No. 116/88, Andar P.S. Case No. 101/86 by the judgment dated 27/29-6-1995 is hereby set aside and he is acquitted of his charges. The appellant is discharged from the liabilities of their respective bail bonds. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 26th April, 2011 NAFR/ Fahad.