CRIMINAL APPEAL No.434 OF 2004 ---------- Against the judgment and order dated 23/24.1.2004 passed by Additional Sessions judge, Fast Track Court No.3 in Sessions Trial No.103/129 of 1999/2002 KARI SAH--------------------------(Appellant) Versus STATE OF BIHAR--------------------(Respondent) ---------- For the Appellant: Mr.Arun Kumar Tripathi,Advocate,(Amicus Curiae) For the Respondent: Mr. APP ---------- P R E S E N T THE HON'BLE MR. JUSTICE AJAY KUMAR TRIPATHI A.K.Tripathi,J. Appellant Kari Sah has been convicted and sentenced to ten years rigorous imprisonment and also a fine of Rs. 5000/-. In default thereof he has been further sentenced to undergo simple imprisonment for six months for having been found guilty of having committed offence under section 376 of the Indian Penal Code. As per the prosecution story on 9.11.1998 the parents of the victim girl, namely, Mustkima aged about five years was sent to fetch salt from a village shop at about 1.30 P.M. It is stated that the girl came crying back home and she complained to her mother pointing to her private part that she has been assaulted. The mother found injuries as well as bleeding from the private part of the victim girl. There was a hue and cry in the family which gathered the attention of the other villagers. They decided to confront the appellant. The girl pointed out towards the appellant as the person who has assaulted her and thereafter he tried to escape but the crowed apprehended him and brought him to the police station. 2 After investigation a chargesheet came to be filed and the appellant was tried for the offence under section 376 of the Indian Penal Code. Ten witnesses have been examined on behalf of the prosecution with regard to the incident. Though not disputed that they were not eye witnesses to the said crime, but other chain of story has been proved by the witnesses. The most vital evidence which has emerged is the evidence of the Doctor who not only proved the injury report but also confirmed rape and supported the finding of the medical board which was constituted for examination of the victim girl. During the course of trial the defence introduced two story as a reason why the appellant had been falsely implicated in this case: (1) That the father of the victim owed some money to the appellant and merely because he was insistent for its payment he has been falsely implicated. (2) Other reason given is that there was pressure upon the appellant to enter into matrimony between the minor daughter, the victim, and the son of the appellant and since he has refused to do so he has been implicated in the case. But then the court below has also recorded and held that the above two pleas of the defence are not supported by any evidence and the same cannot be considered to give the benefit of doubt to the appellant. There is preponderance of evidence however that the appellant taking advantage of young age of the girl committed a heinous crime and when he was confronted after identification by the girl he tried to escape and the villagers apprehended him. 3 There was not only blood stains on the Frock of the girl due to the injury but blood stains were also found on the cloth worn by the appellant with no cogent explanation which in addition to medical report which has already been taken note of in the earlier part of the judgment. In view of the above, this Court does not find any legal infirmity in the judgment and order dated 23rd/24th January, 2004 passed in Sessions Trial No. 103/129 of 1999/2002. The appeal is dismissed as being devoid of merit. (Ajay Kumar Tripathi,J) Patna High Court, Patna Dated the 3rd July, 2008 N.A.F.R/ RPS,Sr.Secy