IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1630 of 2019
Arising Out of PS. Case No.-6 Year-1994 Thana- HATHAURI District- Samastipur
Uman Mandal Son of Late Ram Gulam Mandal, Resident of Village- Ramaul,
P.S.- Hathauri, District- Samastipur.
… … Appellant
Versus
The State of Bihar.
… … Respondent
Appearance :
For the Appellant/s : Mr.Abhay Shankar Singh, Advocate
For the Respondent/s : Mr.Sujit Kumar Singh, Addl.P.P.
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
5 20-01-2020 Heard learned counsel for the appellant and learned
Additional Public Prosecutor for the State.
Appellant has filed this appeal for grant of bail and
suspension of sentence during pendency of the appeal. He has
been convicted for the offence under Section 376 I.P.C. and has
been sentenced to undergo a rigorous imprisonment of seven
years with a fine of Rs. 5,000/- (Five Thousand) in connection
with Session Trial No. 429 of 1996 arising out of Hatahuri P.S.
Case No. 06 of 1994.
Learned counsel for the appellant submits that on
perusal of the First Information Report it would appear that the
victim lady had alleged that on the date of occurrence i.e. on
04.02.1994 when she was working in a field the appellant came
there, snatched her Khurpi which was in her hand, put her down
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and after removing her cloths he committed rape on her. She has
narrated the occurrence in such a way that in course of medical
examination at least some evidences could have been found
indicating commission of rape but learned counsel submits that
in the medical examination report the doctor who has been
examined as P.W. 6 noted as follows which have been
mentioned in Paragraph ’12’ of the judgment of the learned Trial
Court :-
“12- vfHk;kstu lk{kh la[;k6 MkW0 fdj.k us vius
eq[; ijh{k.k esa dFku fd;k gS fd fnukad04-02-1994
dks og vukfedk ¼ifjofrZr uke½ ifr**Y^^ xzkejekSy
ds ijh{k.k ds nkSjku fuEukafdr t[e ik;s %
(i) No external injury on any part of her body.
(ii) No nail marks on any part of the body.
(iii) No tenderness of the external part of the
abdomen.
(iv) No stain on the under garments.
(v) No matting of pubic hairs on internal
examination.
(vi) No injury found on internal examination.
(vii) No foreign body found.
(viii) Uterus and cervix are normal.
Patient referred to Samastipur Sadar Hospital for
pathological examination of vaginal swab. “
Learned counsel further submits that according to the
victim lady she was working in a Arahar field and the crop of
Arahar plant are hard crops and if any forcible rape was
committed on a woman in the Arahar field she would have
suffered some sort of external injury but the doctor noticed no
external injury on her body and no stain as mentioned above on
her undergarments.
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It is his submission that the medical report as
mentioned above categorically indicates that it was not a case of
rape, however, on the basis of the ocular evidences and the
statement of the victim lady the trial court has convicted this
appellant. No vaginal swab report was ever obtained and the
Investigating Officer did not appear in course of trial, therefore,
even the place of occurrence was not proved. The appellant is
said to be in custody after conviction from 05.03.2019 and in
course of trial he had remained in custody for about four
months. He had never misused the privilege of bail, the offence
had allegedly taken place in the year 1994 and that at this stage
as per the trial court judgment the appellant is aged about 77
years.
Learned Additional Public Prosecutor for the State has
though opposed the prayer for bail of appellant, however, it is
submitted that in the nature of the allegations made by the
informant in her First Information Report some sort of support
could have been indicated in the medical examination report by
the doctor but in this case the doctor has not noticed any
external injury or any injury even on internal examination and
no foreign body was found even though the medical
examination was conducted on the same day.
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Considering the facts and circumstances of the case as
noticed above, particularly the medical examination report not
indicating any sign of rape, at this stage this Court directs
release of the appellant above named on furnishing of bail bond
of Rs. 15,000/- (fifteen thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Sessions
Judge 1st, Rosera (Samastipur) in connection with Session Trial
No. 429 of 1996 arising out of Hathauri P.S. Case No. 06 of
1994 during pendency of the appeal.
The fine imposed shall remain suspended.
(Rajeev Ranjan Prasad, J)
vats/ved
U T