Case Background
This case began with a serious allegation made by a minor girl from Araria district. Her elder sister was married to the appellant and lived at Azadnagar, Araria.
About one month before the incident, the elder sister had given birth to a baby boy. She then went to her parental home and requested her mother to send the younger sister to help with domestic work.
On the Thursday before the incident, the victim’s mother sent the child to the appellant’s house with his younger brother Sabban. The victim reached the house around 2 p.m. that day.
According to the prosecution, in the intervening night of 11.02.2011, at around 2 a.m., while the minor girl was sleeping in the appellant’s house, he came near her, pressed her mouth and forcibly committed rape. Due to this act, blood started oozing from her private parts and she cried in pain.
On hearing her cries, her elder sister woke up. The victim narrated what had happened. Neighbours also gathered. The injured child was taken on a rickshaw to Sadar Hospital, Araria, for treatment.
On 13.02.2011 at about 8 a.m., Sub-Inspector Raghubir Das (P.W.7) recorded her fardbeyan in the hospital in the presence of her mother Mobina Khatoon (P.W.2) and elder brother Md. Rafique Ansari (P.W.6). On the basis of this statement, Araria P.S. Case No. 66 of 2011 was registered at 9 a.m. under Section 376 IPC against the appellant.
After investigation, the police submitted charge-sheet on 18.03.2011. The Chief Judicial Magistrate, Araria, took cognizance on 23.03.2011 and committed the case to the Court of Session on 29.08.2011. The case was tried as Sessions Trial No. 811 of 2011 / Trial No. 712 of 2012. On 03.09.2011, the trial court framed charge under Section 376 IPC.
On 16.04.2013, the Ad hoc Additional Sessions Judge 4th, Araria, convicted the appellant under Section 376 IPC. On 23.04.2013, he was sentenced to imprisonment for life and fine of Rs. 10,000/-, with six months’ simple imprisonment in default.
Aggrieved, the appellant filed Criminal Appeal (DB) No. 681 of 2013 before the Patna High Court under Section 374(2) of the Code of Criminal Procedure.
What the Court Examined and Decided
The Division Bench of Hon’ble Mr. Justice Rakesh Kumar and Hon’ble Mr. Justice Prakash Chandra Jaiswal heard the appeal. The main question before the Patna High Court was whether the conviction for rape and the life sentence were justified on the evidence.
The Court first looked closely at the evidence of the victim, examined as P.W.3. She stated that she was a student of Class VII in Middle School, Araria R.S. Her elder sister Afsana (P.W.1) was married to the appellant and living in Araria. After delivery of a male child, Afsana called her younger sister to help in domestic work, so the victim went and stayed in the matrimonial house.
The victim said that on the night of the incident, while she was sleeping in the appellant’s house, the appellant forcibly committed rape on her. She clearly described that blood started coming out from her private parts, she raised alarm and narrated everything to her sister and others who had gathered. She was then taken to the Government hospital where the police recorded her fardbeyan in the presence of her mother and elder brother. She also proved her signature and the signatures of her mother and brother on the fardbeyan.
The defence cross-examined the child at length. A suggestion was put that she had suffered injuries because she fell from the bed. She firmly denied this. The High Court noted that nothing could be extracted in cross-examination to shake her version or to show any motive for false implication.
The Court then considered the evidence of P.W.1 (the elder sister and wife of the appellant) and P.W.2 (the mother). Both turned hostile on important aspects and tried to change their stand by saying that the injury was caused by a fall from the bed. However, in their examination-in-chief they admitted two crucial facts: that on the date of occurrence the victim was staying in the appellant’s house and that she had suffered injuries on her private parts.
The Court observed that the first part of their evidence could be safely relied upon as it matched other evidence, while their later attempt to attribute the injuries to a fall was a “U-turn.” The Bench noted that P.W.1, being the appellant’s wife, and P.W.2, being the appellant’s mother-in-law, had obvious reasons to shield him and therefore did not support the prosecution fully.
P.W.4 and P.W.5, both neighbours, also turned hostile and did not support the prosecution. Their earlier statements under Section 161 Cr.P.C. were put to them, but they still refused to speak the truth.
P.W.6, Md. Rafique Ansari, the elder brother of the victim, deposed that when he reached the hospital after the incident, the victim told him that she had been raped by the appellant and that this was the cause of her injuries. He also stated that blood was oozing from her private parts. His evidence matched the victim’s testimony that she had narrated the incident to him and to their mother, and that the police recorded the fardbeyan in their presence with his signature on it.
The medical evidence came from P.W.8, Dr. Hussan Ara Bibi, who was posted as Medical Officer at Sadar Hospital, Araria. She had examined the victim on 12.02.2011. She found no fresh injuries on any other part of the body, but on the private part there was a ruptured hymen and a second degree muscle deep bleeding wound on the vagina. The doctor opined that the girl was about 12–13 years old and that she had been subjected to sexual assault within the last 24 hours. She proved the injury report (Exhibit 2) and stood by her opinion in cross-examination.
The High Court also considered the evidence of the Investigating Officer, P.W.7. He proved the fardbeyan (Exhibit 1/3) and the forwarding endorsement (Exhibit 1/4). In cross-examination, he explained the apparent delay between the occurrence and recording of the fardbeyan. He stated that on 12.02.2011 he had received the O.D. slip from the hospital. When he went there, the victim was unconscious, so he could not record her statement. He therefore recorded the fardbeyan the next morning when she was in a condition to speak. On the same day he examined witnesses and inspected the place of occurrence.
The defence argued that the delay in lodging the FIR was unexplained, suggesting that the case was false and motivated by prior annoyance with the appellant. They also emphasised that the police had not seized the blood-stained clothes or sent them for forensic examination and that the mother and sister had not supported the case. They further contended that the injury report did not properly support the oral evidence.
The Court rejected these arguments. It held that the Investigating Officer had given a clear and acceptable explanation for recording the fardbeyan on 13.02.2011, since the victim was unconscious on 12.02.2011 when he first went to the hospital. Therefore, there was no suspicious delay.
On the point of non-seizure of clothes, the Investigating Officer stated that when he recorded the fardbeyan the victim was already wearing other clothes, so he did not seize them. The Court did not treat this lapse as fatal in the face of strong direct and medical evidence.
Most importantly, the High Court found that the victim’s evidence was natural, consistent and trustworthy. Her account was promptly given in the hospital and repeated in court without material contradictions. This was supported by her brother’s testimony and by the medical findings of fresh bleeding injury on the private part consistent with recent sexual assault.
The Bench emphasised that, even if the evidence of the hostile witnesses P.W.1 and P.W.2 was ignored entirely, the combined evidence of the victim (P.W.3), her brother (P.W.6) and the doctor (P.W.8) was sufficient to prove the case beyond reasonable doubt.
The Court also noted that, though there was some difference between the age stated by the victim in her fardbeyan (about eight years) and the doctor’s assessment (12–13 years), this did not affect the case because in any event the victim was clearly a minor at the time of occurrence.
After examining all the material, the Patna High Court concluded that the prosecution had successfully proved that the appellant committed rape on the minor girl in his house. Accordingly, there was no ground to interfere with the conviction or the life sentence imposed by the trial court.
The appeal was, therefore, dismissed and the judgment of conviction dated 16.04.2013 and order of sentence dated 23.04.2013 were approved.
Why This Judgment Matters
This judgment is important for victims of sexual assault, especially children, and their families. It shows that the Patna High Court is willing to rely on the clear and consistent testimony of a minor victim when it is supported by medical evidence, even if some relatives later turn hostile.
The decision also clarifies that delay in recording an FIR will not automatically weaken a case if the delay is reasonably explained, such as when the victim is under medical treatment or unconscious.
The Court made it clear that lapses like non-seizure of clothes do not erase strong direct evidence. What matters most is whether the core story of the victim is believable and supported by other reliable material.
For families in similar situations, the case underlines that prompt medical examination, truthful statements by the victim, and careful recording of those statements by police and doctors can be enough to secure justice, even when some relatives and neighbours later withdraw support out of fear or family pressure.
Legal Issues and Answers
Issue: Whether the conviction of the appellant under Section 376 IPC for raping his minor sister‑in‑law was sustainable on the evidence.
Answer: Yes. The Patna High Court held that the victim’s testimony, corroborated by medical evidence and the brother’s statement, proved rape beyond reasonable doubt, so the conviction and life sentence were upheld.
Issue: Whether the delay in recording the fardbeyan/FIR and non‑seizure of blood‑stained clothes created reasonable doubt in favour of the appellant.
Answer: No. The Court accepted the Investigating Officer’s explanation that the victim was unconscious when he first reached the hospital and found that non‑seizure of clothes was not fatal in view of the strong oral and medical evidence.
Cases Cited by the Court
- No earlier judgments or case law have been expressly cited or relied upon in the text of this decision.
Case Details
Case Number: Criminal Appeal (DB) No. 681 of 2013; arising out of Araria P.S. Case No. 66 of 2011; Sessions Trial No. 811 of 2011 / Trial No. 712 of 2012.
Case Title: Md. Subhan v. The State of Bihar.
Coram: Hon’ble Mr. Justice Rakesh Kumar and Hon’ble Mr. Justice Prakash Chandra Jaiswal.
Citation: 2019 (3) PLJR 334.
Advocates: Mr. Md. Ziaul Quamar, Advocate for the appellant; Sri S.N. Prasad, A.P.P. for the State.
Nature of the Case: Criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973, challenging conviction and sentence under Section 376 of the Indian Penal Code.
Date of High Court Judgment: 09.01.2019.
Trial Court: Court of the Ad hoc Additional Sessions Judge 4th, Araria (Presided by Sri Jitendra Nath Singh).
Trial Court Judgment and Sentence: Judgment of conviction dated 16.04.2013 and order of sentence dated 23.04.2013, sentencing the appellant to imprisonment for life and fine of Rs. 10,000/-, with six months’ simple imprisonment in default.
Link to Judgment: https://patnahighcourt.gov.in/viewjudgment/NSM2ODEjMjAxMyMxI04=-ekq–ak1–2OiXLZs=
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