Patna High Court – Orders
Lal Mohammad @ Md. Lal Mohammad vs The State Of Bihar on 20 January, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1095 of 2024
Arising Out of PS. Case No.-106 Year-2021 Thana- KHUTAUNA District- Madhubani
======================================================
Lal Mohammad @ Md. Lal Mohammad Son of Late Nurai Ansari Vill-
Prayagpur Police Station -Khutauna Dist -Madhubani
... ... Appellant
Versus
1. The State of Bihar
2. Nazo Khatoon Wife of Lal Mohammad @ Md. Lal Mohammad Village-
Prayagpur, Ps- Khutauna, Dist- Madhubani
... ... Respondent
======================================================
Appearance :
For the Appellant : Mr. Mukund Mohan Jha, Adv.
For the Respondent-State: Mr. Sujit Kumar Singh, APP
For the Respondent no. 2 Mr. Sanjay Kumar Jha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI)
4 20-01-2025
Heard Mr. Mukund Mohan Jha, learned counsel for
the appellant, Mr. Sujit Kumar Singh, learned APP for the
respondent-State and Mr. Sanjay Kumar Jha, learned counsel for
the respondent no. 2.
2. Learned counsel for the appellant submits that the
appellant has been convicted for committing the offence
punishable under Section 376 of the IPC and Section 6 and 4 of
the POCSO Act and he has been sentenced to suffer rigorous
imprisonment for life and fine of Rs. 25,000/-, in default of
payment of fine, further simple imprisonment of one year for
the offence punishable under Section 6 of the POCSO Act (read
Patna High Court CR. APP (DB) No.1095 of 2024(4) dt.20-01-2025
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with Section 376 of the IPC as per provision of Section 42 of
POCSO Act) by the Additional Sessions Judge-VII-cum-Special
Judge (POCSO), Madhubani in connection with Trial No. 171
of 2023, POCSO G.R. Case No. 60 of 2021 arising out of
Khutauna P.S. Case No. 106 of 2021.
3. It is submitted that against the impugned judgment,
the appellant has preferred the present appeal under Section
374(2) and 389(1) of the Code of Criminal Procedure, 1973.
4. At this stage, it has been pointed out by the learned
counsel for the appellant that this Court has admitted the appeal
and for the present the appellant prays for suspension of
sentence and for grant of bail.
5. Learned counsel for the appellant has contended
that the appellant is the father of the victim and he has been
falsely implicated in the incident in question by the victim girl
who is his daughter. It has been further submitted that informant
is the mother of the victim, i.e., wife of the appellant. It has been
further contended that informant has falsely implicated the
present appellant. It has been submitted that PW-5/informant
has stated in paragraphs 3 and 4 of her cross-examination that
she had gone to the police station for filing FIR with regard to
physical torture given by her husband. However, at the time of
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registering the FIR, false facts were stated in the same.
6. Learned counsel thereafter referred deposition of
PW-3. PW-3 deposed in his examination in chief that he came to
know about the incident took place with the victim girl from the
village people for which a meeting was also held in the village.
He also came to know that the victim became pregnant. During
cross examination, the said witness deposed that his house and
house of informant are situated in different mohalla.
7. Learned counsel, therefore, urged that in the
incident in question the appellant has been falsely implicated
and as the appellant is the father of the victim and is in custody
for three and a half years, therefore, he may be released on bail.
8. On the other hand, learned counsel appearing for
the informant has vehemently opposed the prayer for grant of
bail. Learned counsel for the informant would submit that
prosecution has proved before the trial court that the victim was
minor on the date of occurrence. It is further submitted that from
the medical evidence led by the prosecution, it would further
reveal that the victim girl was pregnant at the time of her
examination by the doctor. It is further submitted that the victim
girl has also made allegation against the appellant while giving
her statement under Section 164 of the Cr.P.C. before the
Patna High Court CR. APP (DB) No.1095 of 2024(4) dt.20-01-2025
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learned Magistrate. Learned counsel for the informant,
therefore, urged that the prosecution has proved the case against
the appellant beyond reasonable doubt and, therefore, the trial
court has not committed any error while passing the impugned
judgment of conviction and the order of sentence. It is also
contended that the appellant is the father of the victim girl and,
therefore, looking to the seriousness of the case also, the prayer
for bail and for suspension of sentence may not be entertained.
9. Learned APP for the State has also supported the
submission canvassed by the learned advocate appearing for the
informant.
10. We have gone through the trial court record as
well as the impugned judgment of conviction and the order of
sentence rendered by the trial court. We have also considered
the submissions canvassed by the learned advocates appearing
for the parties. It would emerge from the record that wife of the
present appellant, who is also mother of the victim, herself has
lodged the FIR/gave the written complaint against the appellant.
It would prima facie reveal from the record that the victim girl
has given statement under Section 164 of the Cr.P.C. before the
learned Magistrate, wherein she has levelled allegation against
the appellant herein, who is her father. The victim girl has also
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supported the version of the prosecution while giving her
deposition before the court as PW-8. We have also gone through
the deposition given by the doctor, i.e., PW-6. From the
deposition of PW-6, it would reveal that victim was pregnant for
about 20 weeks on the date of examination by the medical
board, where PW-6 was one of the members. Thus, prima facie,
we are of the view that version given by the informant as well as
victim has been supported by the medical evidence. We are
prima facie of the view that the victim girl can be termed as
sterling witness in the present case and, therefore, no
corroboration is required. However, in the present case as
observed herein above, PW-6 has specifically opined that the
victim was pregnant for about 20 weeks.
11. It would prima facie reveal from the evidence led
by the prosecution that the victim was minor on the date of the
occurrence and from the deposition given by the doctor/PW-6, it
would reveal that, according to the radiological finding given by
the medical board, the age of the victim is between 15-16 years.
12. It is not in dispute that the appellant herein is
father of the minor victim girl.
13. Thus, keeping in view the overall facts and
circumstances of the present case and looking to the seriousness
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of the case when it is alleged that appellant/father has
committed rape on his own daughter aged about 15-16 years,
merely because the appellant is in custody for three and a half
years, he cannot be released on bail, as prayed for.
14. We are of the view that the present is not a fit case
where the appellant is to be released on bail and the sentence is
to be suspended, as prayed for by the appellant.
15. Accordingly, the prayer made by the appellant for
grant of bail and for suspension of sentence is rejected.
(Vipul M. Pancholi, J)
(Alok Kumar Pandey, J)
shahzad/ Pawan
U T
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