Kamaldeo Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.47761 of 2014 (03) dt.09-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47761 of 2014 Arising Out of PS.Case No. -222 Year- 2013 Thana -SHERGHATI District- GAYA ====================================================== Kamaldeo Yadav .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Binod Kumar (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 09-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

An innocent girl while was engaged in her domestic affair, at about 8.00 p.m. perceiving alone, petitioner along with one Bhola Yadav made house trespass, caught hold her, dragged her, assaulted her, unrobed her and then raped. In the written report, there happens to be absence of specific allegation regarding rape committed by the petitioner, but during course of statement under Section 164 of Cr.P.C., as is evident from Para-47 of the case diary, it is apparent that she had alleged against petitioner also.

Learned counsel for the petitioner stressed over medical report wherein no definite opinion has been given with regard to rape in absence of spermatozoa dead or alive as well as

Patna High Court Cr.Misc. No.47761 of 2014 (03) dt.09-04-2015 referring Para-64 of the case diary wherein so many persons were examined by the I.O., who had admitted, so far occurrence is concerned, however shown false implication of petitioner along with Bachchu Yadav and in likewise manner, also referred Para71 wherein I.O. had on his own recorded with regard to inter se relationship amongst Bachchu and petitioner as well as prosecution party and further having their activity at social front. The requirement in terms of Section 375 of the I.P.C. is not the presence of dead or alive spermatozoa. Only penetration is sufficient to constitute an offence of rape. On account thereof, prayer of the petitioner for the present is rejected. If so advised, may renew his prayer after examination of informant.

(Aditya Kumar Trivedi, J) Vikash/- U T