Criminal Appeal (S.J.) No. 248 0f 1997 (Appeal against the Judgment and Order dated 20.8.1997 passed by the Additional Sessions Judge-I, Rohtas, at Sasaram, in Sessions Trial No. 688/02 of 1996/1997.) ------------ DUDHESHWAR MISHRA, SON OF RAMA ASHISH MISHRA, RESIDENT OF VILLAGE CHANDWA, P.S. ARRA NAWADA, DISTT. BHOJPUR. ------- APPELLANT. Versus THE STATE OF BIHAR ------- RESPONDENT. -------- For the Appellant : Mr. N.A. Shamsi, Adv. Mr. S. Qaisar Hasan, Adv. For the State : Mr. Choubey Jawahar, A.P.P. -------- P R E S E N T THE HON’BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The Appellant has been convicted under Section 354 of the Indian Penal Code and sentenced to rigorous imprisonment for two years by a Judgment dated 27.8.1997 by the Additional Sessions Judge- I, Rohtas, Sasaram, in Sessions Trial No. 688/02 of 1996/1997. 2. The case of the prosecution according to PW-5 Rita Devi is that on 1.9.1996 while she was going to her maternal home, she stayed in Jairam Hotel in Room No. 6. At about 11 P.M., two staffs of the Hotel along with another man entered into the room and started misbehaving with her but on objection, they left the room. At about 2.30 P.M. somebody knocked at her door and when she was compelled to open the door, they kidnapped her and her husband and took them towards Dehri Road, out of which three of them committed rape upon her and they fled away thereafter. When she returned to the Hotel, she identified the Appellant as one person who firstly had entered into her room and outraged her modesty. Patna High Court CR. APP (SJ) No.248 of 1997 dt.20-07-2011 2 3. During trial, the prosecution examined four witnesses out of whom PW-9 Dr. Jyoti Agrawal who had examined Prosecutrix Rita Devi has proved the medical examination report (Exhibit-3) whereas PW- 8 Thakur Sita Ram is the Investigating Officer. PW-1 Abdus Samad, PW- 4 Ram Chandra Choudhary and PW-7 Naresh Mahto have been declared hostile whereas PW-2 Vijay Bahadur Singh has proved the seizure list related to the Jeep and PW-3 Shambhu Saran Singh is also a seizure witness. PW-5 Smt. Reeta Devi is the Prosecutrix whereas PW-6 Mahendra Yadav is the husband of the Prosecutrix. 4. On going through the evidence of PW-5 Reeta Devi, I find that she has supported the fact that when she was staying in Jairam Hotel at about 11.00 P.M., three staffs of the Hotel entered her room and thereafter molested her. She identified the Appellant as the person who had done so. After the same, the Appellant is said to have left the room. Much later on the same night, six unknown persons came and took them away and committed rape upon her. She then reported the matter to the Police. She did not identify any of the miscreants who had committed rape upon her. 5. PW-6 Mahendra Yadav is the husband of the Prosecutrix stated that their door was knocked and opened, only once after which six miscreants entered the room and took both of them on a Jeep after which Reeta Devi was raped in the Jungle. This witness has not supported the fact that the Appellant had misbehaved with his wife. PW-9 Dr. Jyoti Agarwal found sign of recent sexual intercourse. PW-8 Thakur Ram Singh is the Investigating Officer who has stated as to how on the basis of description of the Jeep, the rest of the accused persons were arrested. 6. As there was no evidence with regard to the rape having been committed by the rest of the co-accused persons who were put on trial, the rest six accused persons were acquitted of the charges. Patna High Court CR. APP (SJ) No.248 of 1997 dt.20-07-2011 3 The Appellant has been convicted on the sole basis of the ocular evidence of PW-5, the Prosecutrix. Since no further corroboration apart from the statement of PW-5 is required to prove that the Appellant had molested her, I am not inclined to interfere with the conviction of the Appellant under the circumstances. 7. However, considering that the Appellant has remained in custody for about a year, the sentence is modified to the period already undergone by him during trial. 8. In the result, the Appeal is dismissed with the aforesaid modification. (Anjana Prakash, J.) Patna High Court, Patna Dated, the 20th July, 2011. NAFR/S.ALI.