Patna High Court
Manoj Kumar Das vs The State Of Bihar on 5 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.845 of 2018
Arising Out of PS. Case No.-25 Year-2014 Thana- MAHILA P.S. District- Kishanganj
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Manoj Kumar Das S/o Satyanarayan Das, R/o Village- Majhiya Road
Dharmganj, Ward No. 28, Police Station and District- Kishanganj.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Shri Krishna Sinha, Adv.
For the Respondent/s : Mrs. Anita Kumari Singh, APP
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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL JUDGMENT
Date : 05-10-2023
1. At the outset, it is submitted by Mr. Krishna Sinha,
learned counsel for the appellant Manoj Kumar Das that the
appellant has completely served his sentence and has been released
from the jail and now he does not want to pursue this appeal and
wants to withdraw the same.
2. The instant appeal has been filed against the
judgement of conviction dated 04.01.2018 and order of sentence
dated 12.01.2018 passed by learned Additional Sessions Judge-I-
cum- Special Judge, (POCSO Act, 2012), Kishanganj in Special
case No. 35/ 2014, whereby and whereunder the appellant has
been convicted for the offences punishable under Section 376(E)
of the IPC and under Section 4 of POCSO Act, 2012 and he has
Patna High Court CR. APP (SJ) No.845 of 2018 dt.05-10-2023
been sentenced to undergo rigorous imprisonment of 10 years
under Section 376(E) of the IPC with a fine of Rs. 20,000/- and in
default of payment of fine, to further undergo one year
imprisonment and has also been sentenced to undergo rigorous
imprisonment of seven years under Section 4 of POCSO Act, 2012
with a fine of Rs. 10,000/- and in default of payment of fine, to
further undergo six months imprisonment and both the sentences
have been ordered to run concurrently.
3. The prosecution's allegation in brief is that on
07.05.2014, at about 7 PM, the informant's daughter (victim) aged
about 12 years went to a shop to buy mosquito coil but she did not
return back then the informant started searching for her and
thereafter at 9.30 PM the victim returned weeping and in the
morning she vomited 3-4 times and thereafter fell asleep and in the
next morning when she woke up she told the alleged occurrence to
her mother. According to victim's allegation, in the evening of
07.05.2014, the appellant/ accused asked her to bring some articles
to his house and at that time there was no other family member in
his house and when she went into his house then he raped her after
finding her alone in his house and after the commission of rape,
the accused/ appellant threatened her and forcefully feed her
sleeping pills.
Patna High Court CR. APP (SJ) No.845 of 2018 dt.05-10-2023
4. With the above allegations, the informant recorded her
fard bayan vide Exhibit-3 and on that basis formal FIR bearing
Kishanganj Mahila PS case No. 25/2014 was registered under
Section 376 of IPC and under Sections 4/8 of POCSO Act, 2012
and after the completion of investigation, the police submitted
charge sheet against the appellant for the alleged offences.
5. The appellant stood charged for the offences under
Section 376 of the IPC and under Sections 4/8 of POCSO Act.
During trial, altogether 10 witnesses were examined and in
documentary evidence, formal FIR, victim's medical examination
report, FSL report and applications for FSL examination etc. were
proved and marked as Exhibit 1 to 9 and thereafter the appellant's
statement u/s 313 of Cr.P.C. was recorded, in which he denied the
circumstances appearing against him from the prosecution's
evidences and claimed himself to be innocent and the appellant did
not give any evidence in his defence.
6. Heard learned APP for the State and perused the
judgement impugned and evidences available on the case record of
the court below.
7. The most important witnesses are the victim and her
mother. The victim was examined as PW 5 and she fully supported
the allegations made in the FIR against the appellant and alleged
Patna High Court CR. APP (SJ) No.845 of 2018 dt.05-10-2023
that the appellant, firstly, persuaded her to bring some articles from
the shop, when she brought the articles and went to appellant's
house to deliver the same then the appellant, who was alone at his
house at that time, bolted the door of his house from inside and
finding her alone, firstly, tied her hands and legs and then opened
her clothes and raped her and in that course he made her to take
some intoxicated pills. The said allegations made by the appellant
are completely relevant for which the appellant has been
convicted. PW 4, who happens to be mother of the victim, has
fully supported the said allegation and she and her husband, who
has been examined as PW 3, deposed that when the victim
returned back she was in an unconscious condition and she became
conscious two days after the alleged occurrence. Accordingly, the
evidences of PWs 3 and 4 are also in conformity with the
prosecution's story.
8. Though the medical evidence does not come in
support of the prosecution but ocular evidence given by the victim
herself is completely in support of the prosecution's story and from
the evidences of victim as well as her parents, I do not find any
reason on the part of the victim and her mother to make a false
allegation against the appellant and moreover, it is a settled
Patna High Court CR. APP (SJ) No.845 of 2018 dt.05-10-2023
principle of law that ocular evidence always prevails over the
expert's opinion.
9. Considering the above discussions as well as taking
into account the other materials available on the case record of
trial court, I find that the learned trial court has rightly convicted
the appellant for alleged offences hence, I do not find any reason
to interfere in the said conclusion. Accordingly, the instant appeal
stands dismissed.
(Shailendra Singh, J)
BKS/-
AFR/NAFR NAFR
CAV DATE N. A.
Uploading Date 09.10.2023
Transmission Date 09.10.2023
