Sanjay Ram vs The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2537 of 2018
Arising Out of PS. Case No.-130 Year-2017 Thana- SAHEBGANJ District- Muzaffarpur
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Sanjay Ram Son of Bhikhari Ram Resident of Village- Deoshar Asali, P.S.
Sahebganj, District- Muzaffarpur.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Nachiketa Jha, Advocate
For the Respondent/s : Mr. Mukeshwar Dayal, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL JUDGMENT
Date : 25-08-2026

At the outset, Mr. Mukeshwar Dayal, learned State
counsel, by way of filing counter affidavit, submits that in
compliance to the order dated 27.07.2026 passed by this Court,
the Senor Superintendent of Police, Muzaffarpur submitted a
report to this Court, kept at Annexure ‘ A’ to the counter affidavit,
wherein it has been stated that the appellant has completed his
sentence on 14.10.2020 and due to non-deposit of fine of Rs.
10,000/-, he completed 15 days more in custody, as per sentence
awarded by the learned trial Court, and thereafter, he was released
from jail on 29.10.2020.
2. Under the changed circumstances, this appeal now
survives only against the judgment of conviction dated 26.05.2018
passed by the Court of learned Sessions Judge, Muzaffarpur in

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Sessions Trial No. 595 of 2017, arising out of Sahebganj P.S. Case
No. 130 of 2017, whereby and whereunder the appellant has been
convicted for offence under Section 376/511 of the Indian Penal
Code.
3. The prosecution, in brief, is that informant Sabita
Devi alleged that at about 10 o'clock in the night of 13.05.2017,
while she was sleeping, her co-villager Sanjay Ram (appellant
herein) entered her house, shut her mouth and tried to establish
physical relationship with her and when she raised alarm, her
father-in-law (Hiraman Ram), husband Suresh Ram and mother-
in-law Pashpati Devi came there and on their alarm, other villagers
also reached there and this appellant was apprehended and
thereafter, he was handed over to police.
4. On the basis of fardbeyan of informant, Sahebganj
P.S. Case No. 130 of 2017 was registered against appellant under
Section 376/511 of the Indian Penal Code (for short “IPC”).
5. The police after due investigation submitted charge-
sheet under Section 376/511 of the IPC and thereafter, learned
Magistrate took cognizance and committed the case to the court of
sessions and thereafter, charge was also framed under Section
376/511 and explained to the accused-appellant, to which, he
pleaded not guilty and claimed to be tried.

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6. In this case, the prosecution has examined altogether
five witnesses in order to prove its case, who are:
“P.W.-1- Rakesh Ram (turned hostile)
P.W.-2- Devraj Ram, who is co-villager, has supported
the prosecution case.
P.W.-3- Sabita Devi, who is the informant/victim of this
case, has supported the prosecution version in her examination-in-
chief and stated that this appellant tried to commit rape upon her.
P.W.-4- Suresh Ram (husband of informant) supported
the prosecution case.
P.W.-5- Mahendra Singh (I.O. of the case) has deposed
that after taking charge of investigation of the case, he went to the
place of occurrence, recorded statements of informant and other
witnesses and after completing investigation, submitted charge-
sheet against the appellant.”
7. The prosecution has adduced documentary evidences,
which are marked as:-
Exhibit 1 Signature of Informant on written application
Exhibit 2 Endorsement at the margin of written report
Exhibit 3 Formal F.I.R.
8. After hearing the parties and perusing the materials
available on record, the learned Trial Court has convicted and
sentenced this appellant, as indicated above.
9. On careful perusal of the records, this Court finds that
the prosecution has proved its case beyond all reasonable doubt.

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Though, P.W.-1 turned hostile, but rest three prosecution witnesses,
including informant have clearly supported the prosecution case
and P.W.-5, who is investigating officer of the case, after
investigating, submitted chargesheet under Section 376/511 of the
IPC. Meaning thereby that he also found the case true. Therefore,
the learned Trial Court has rightly convicted the appellant under
Section 376/511 of the Indian Penal Code No perversity or
illegality is found in appreciation of evidence by the learned Trial
Court warranting interference in appellate jurisdiction.
10. Accordingly, the impugned judgment of conviction
dated 26.05.2018 passed by the Court of learned Sessions Judge,
Muzaffarpur in Sessions Trial No. 595 of 2017, arising out of
Sahebganj P.S. Case No. 130 of 2017, is upheld .
11. Accordingly, the appeal stands disposed of.
(Prabhat Kumar Singh, J.)
Anay
AFR/NAFR AFR
CAV DATE N/A
Uploading Date 01.09.2026
Transmission Date 01.09.2026