Facts
The appellant was convicted by the 3rd Additional Sessions Judge, Begusarai, for attempted rape under Sections 376/511 of the IPC
Source reference: p.1-2The prosecution alleged that on August 14, 2007, the victim (PW-6) went to a maize field to attend the call of nature, where the appellant followed her, pushed her down, and attempted to commit rape
Source reference: p.2The victim claimed the appellant fled after she raised an alarm
Source reference: p.2During trial, several prosecution witnesses (PW-1, PW-2, and PW-3) turned hostile
Source reference: p.6The appellant contended he was falsely implicated due to an ongoing boundary wall dispute between agnates
Source reference: p.3Issues
1. Whether the sole testimony of the prosecutrix was sufficient for conviction given material improvements and lack of medical corroboration.
Source reference: p.8, para. 14; p.13, para. 212. Whether the prosecution proved the guilt of the appellant beyond reasonable doubt in light of an admitted land dispute.
Source reference: p.14, para. 22; p.16, para. 25Law Applied
The court applied Sections 375 and 376 of the IPC regarding the definition and punishment for rape
Source reference: p.7-8It relied on the "Sterling Witness" principle from Rai Sandeep v. State (NCT of Delhi), establishing that a victim's testimony must be of high quality, consistent, and unassailable to sustain a conviction without corroboration
Source reference: p.12Further, it applied Rajesh Patel v. State of Jharkhand regarding the impact of non-examination of medical officers
Source reference: p.9Krishan Kumar Malik v. State of Haryana, which held that a conviction cannot stand if the prosecutrix's testimony contains significant lacunae or material variations from the FIR
Source reference: p.11Reasoning
The Court observed that while the FIR only alleged the appellant pushed the victim down, her court testimony (PW-6) included major escalations—specifically that he shut her mouth, undid her saree, and mounted her
Source reference: p.10, para. 16The Court determined these were "material improvements" rather than minor discrepancies
Source reference: p.13, para. 21Furthermore, the prosecution failed to examine the Medical Officer, leaving no objective evidence of the alleged physical struggle or attempt
Source reference: p.13, para. 21The Court found that the existing land dispute between the parties provided a potential motive for false implication, requiring "greater care and circumspection" in evaluating the evidence
Source reference: p.14, para. 22Since the prosecutrix's testimony failed the "sterling witness" test due to inconsistencies between the FIR and her oral deposition, the chain of evidence was deemed broken
Source reference: p.15, para. 24Holding
The Court held that the prosecution failed to establish the charges beyond a reasonable doubt
It answered that the testimony of the prosecutrix was not of "sterling quality" and was unreliable due to significant variations
Source reference: p.15, para. 24The Court set aside the judgment of conviction dated 24.04.2013 and the sentence dated 26.04.2013, acquitting the appellant of all charges and discharging him from his bail bonds
Source reference: p.16, para. 26The appeal was allowed
Source reference: p.16, para. 27Original Court PDF
Pappu MahtonvsThe State Of Bihar
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in