Showing posts with label IPC. Show all posts
Showing posts with label IPC. Show all posts

Sunday, October 4, 2026

Is outraging modesty of a woman, same as attempt to rape? Will Supreme Court identify errors by I.O., Banka judge, High Court, media or the senior advocate?

In Re: Order Dated 09.07.2026 Passed By The High Court of Judicature at Patna In Criminal Appeal (SJ No. 775/2013 and Ancillary Issues, Supreme Court’s 3-Judge Bench of Chief Justice Sutya Kant, Justice Joymalya Bagchi and Justice V. Mohana passed a 1-page long order dated September 23, 2026, which reads: “1. Issue notice to Himanshu Kumar Pathak @ Mithiya Pathak S/o Sri Trimbak Pathak R/o Village Amarpur, Police Station Amarpur, District Banka, returnable on 09.10.2026. 2. Learned Advocate General for the State of Bihar has entered appearance through online alongwith Mr. Akshay Amritanshu, learned counsel. We have requested the learned Advocate General to effect service on the contesting respondent through the local police.”The Court has registered a Suo Moto writ petition(criminal)  case.  

Earlier, in its 10-page long judgement judgement dated July 14, 2026, In Re: Order dated 17.03.2025 Passed by the High Court of Judicature at Allahabad in Criminal Revision No. 1449/2024 and Ancillary Issues 2026 INSC 783, Supreme Court’s 3-Judge Bench of Chief Justice Sutya Kant, Justice Joymalya Bagchi and and Justice V. Mohana concluded:"25. Before we conclude, it is necessary to address an issue that was brought to light during the proceedings. Ms. Shobha Gupta, learned Senior Advocate, informed this Court that certain observations made by the High Court of Judicature at Patna, in its judgment in Criminal Appeal (SJ) No. 775/2013, are in direct contravention of the ratio and legal principles established in our prior order dated 10.02.2026. Consequently, the Registry is hereby instructed to seek guidance from the Hon'ble the Chief Justice of India, on the administrative front, regarding whether it is necessary for this Court to register fresh suo motu proceedings in this matter."

On July 14, 2026 during the hearing of weird order by Allahabad High Court, a senior advocate had informed a bench of the Chief Justice of India Surya Kant and Justice Joymalya Bagchi and Justice V. Mohana about the order dated July 9, 2026 by Justice Purnendu Singh of Patna High Court. It also apparent that the case from Banka, Bihar was/is a result of the failure of the Director of Prosecution and Director General of Police of the State to issue necessary instructions to all police stations to follow the guidelines on judicial sensitivity in sexual offence cases prepared by National Judicial Academy’s Expert Committee in recording an FIR or filing a chargesheet. It has neither been uploaded to the websites of the Supreme Court, high courts and district courts nor have the guidelines been circulated to the National and all State Judicial Academies, as well as National Law Universities and law departments of other universities.

The reference to the guidelines is linked to a letter dated March 20, 2025 by a forum known as ‘We the Women of India’ through its Founder President, Ms. Shobha Gupta, Senior Advocate addressed to the Supreme Court. The matter was listed suo moto as per the directions of the Chief Justice of India after the letter was brought to his notice some of the observations made by the Single Judge of the Allahabad High Court in the judgment and order dated March 17, 2025. The Single Judge had modified the order of summons dated March 26, 2023 issued by the Special Judge (POCSO), Kasganj to two accused persons in Complaint Case No. 23/2022. While the Trial Court had originally issued summons under Section 376 of the Indian Penal Code, 1860 read with Section 18 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), the High Court revised the same to be under a lesser charge under Section 354B of the IPC read with Sections 9 and 10 of the POCSO Act. As per the High Court, this action was necessitated owing to its finding that a prima facie view of the alleged facts did not make out a case for attempt to commit rape. Ms. Gupta, through the letter, urged that the observations made and reasoning adopted by the High Court to reach the said conclusion were erroneous in law, insensitive, irresponsible, and likely to demoralise all efforts towards protecting women and other vulnerable persons from sexual offences.

Supreme Court's Division Bench's 2-page long order dated March 26, 2025 reads:"We have perused the said judgment and order dated 17.03.2025. We are at pains to say that some of the observations made in the impugned order and particularly in paragraphs 21, 24 and 26 depict a total lack of sensitivity on the part of the author of the judgment. A perusal of the judgment would reveal that it is also not as if that the judgment is dictated at the spur of the moment in the Court. The case was reserved on 13.11.2024 and after almost a period of more than four months the learned Judge has pronounced the judgment. It is thus clear that the learned Judge has authored the judgment after due application of mind. 3. In normal circumstances, we are slow in granting stay at this stage. But since the observations appearing in paragraphs 21, 24 and 26 are totally unknown to the cannons of law and depict total insensitive and inhuman approach, we are inclined to stay the said observations." Supreme Court found it difficult to concur with the conclusions reached by the High Court. The impugned judgment was consequently held to have been vitiated by an erroneous application of settled principles of criminal jurisprudence. The Criminal Appeals which arose out of Diary Nos. 15692 and 21813 of 2025 were thus allowed, and the judgment and order dated March 17, 2025 passed by the High Court was set aside. As a natural consequence thereof, the matter stood remitted to the Court of the Special Judge (POCSO), Kasganj, for adjudication in accordance with law. In its 13-page long judgement dated February 10, 2026, the Supreme Court's 3-Judge Bench 

The order recorded: "7. Similar concerns have also been highlighted by the appellants in Diary Nos. 15692 and 21813/2025, which assail the same judgment dated 17.03.2025 of the High Court. While Diary No. 21813/2025 has been filed by an NGO registered in Kolkata, the petitioners in Diary No. 15692/2025 include an NGO registered in Delhi as well as the complainant in Complaint Case No. 23/2022, who is the mother of the minor victim."

With regard to the judgement of the Single Judge dated March 17, 2025, the Supreme Court observed:"10. The High Court’s decision in the impugned judgment hinges on whether the accused persons have only ‘prepared’ to commit the offence of rape or have moved beyond that to have ‘attempted’ to commit the said crime. Notably, the High Court has concluded that the actions of the accused persons were limited only to the former, thereby warranting a modification in the charge on which the accused were summoned. 11. The meaning, scope, and comparative understanding of the concepts of ‘preparation’ and ‘attempt’ in criminal jurisprudence has been cogently explained by a 2-judge bench of this Court, in a judgment authored by one of us (Surya Kant, J., as he then was) in State of Madhya Pradesh v. Mahendra alias Golu, reported in (2022) 12 SCC 442. It may be pertinent, at this stage, to reproduce paragraph 13 thereof:  “13. There is a visible distinction between "preparation" and "attempt" to commit an offence and it all depends on the statutory edict coupled with the nature of evidence produced in a case. The stage of "preparation" consists of deliberation, devising or arranging the means or measures, which would be necessary for the commission of the offence. Whereas, an "attempt" to commit the offence, starts immediately after the completion of preparation. "Attempt" is the execution of mens rea after preparation. "Attempt" starts where "preparation" comes to an end, though it falls short of actual commission of the crime.” 

It added: "12. In the instant case, the High Court recorded the factual allegations made against the accused persons in paragraphs 21 and 22 of its judgment. It is stated that the accused persons took the minor victim with them as a pillion rider on their motorcycle, after assuring her
mother (the complainant) that they would drop the victim at her residence. The accused persons, instead, stopped the motorcycle near a culvert, dragged her towards it, and committed sexually offensive acts, which have been recorded in the said paragraphs of the impugned judgment. However, due to the shrieks of the minor victim, two witnesses reached the spot, causing the accused persons to flee from the site. 13. A bare perusal of these allegations leaves no modicum of doubt that the case sought to be made out is that the accused persons proceeded with a pre-determined intent to commit an offence under Section 376 of the IPC on her. In light of the overt averments recorded in the Criminal Application filed by the complainant-mother under Section 156(3) of the Code of Criminal Procedure, 1973, it becomes readily apparent that, from the story of the complainant, the mens rea involved had begun to be executed. This understanding is bolstered by the High Court’s own recording that the only reason why the crime was not furthered was the above-mentioned intervention by third-party witnesses. 14. The facts alleged being so, we cannot agree with the finding of the High Court that the allegations only amount to preparation, but not an attempt, towards the commission of the offence of rape. The attempt made by the accused persons appears clearly and inevitably leads us to conclude that, prima facie, a case for invoking the provisions of attempt to commit rape has been made out by the complainant and the prosecution. The impugned judgment, thus, is liable to be set aside on account of the patently erroneous application of the settled principles of criminal jurisprudence. 15. Hence, the instant Criminal Appeals, arising out of Diary Nos. 15692 and 21813/2025, are allowed. The impugned judgment dated 17.03.2025 is set aside, and the original summons order dated 23.06.2023 passed by the Special Judge (POCSO), Kasganj is restored. As a necessary consequence, the clarification provided in paragraph 5 of our interim order dated 08.12.2025 stands confirmed. Ordered accordingly. 16. It goes without saying that the observations made by this Court through this judgment are only from a prima facie perspective on the case made by the complainant, and they shall not be taken to be any opinion on the guilt of the accused persons, which is the subject matter of the ongoing trial."

In this backdrop, the Supreme Court dealt with the "Broader issue of Guidelines for inculcating Sensitivity and Compassion into Judicial Approach" which has been found missing. Taking note of various instances of impassive judicial decisions, across different levels of the judiciary, where judges and judicial officers have failed to imbibe compassion and empathy in the manner of handling matters involving sexual offences, especially when it comes to vulnerable and/or minor
victims and witnesses, the counsels of the parties pleaded that certain guidelines may be laid down by the Supreme Court to prevent such issues from arising in the future. 

The Court requested the National Judicial Academy, Bhopal, through its Director, Justice Aniruddha Bose, former Judge of the Supreme Court, to constitute a Committee of Experts presided over by him as Chairperson. It requested the Committee of Experts to prepare a comprehensive report on the matter of ‘Developing Guidelines to Inculcate Sensitivity and Compassion into Judges and Judicial Processes in the Context of Sexual Offences and other Vulnerable Cases’ and prepare comprehensive recommendations. These recommendations shall be in the form of "Draft Guidelines for the Approach of Judges and the Judicial System When Dealing with Cases of Sexual Offences and other Similarly Sensitive Occurrences Involving Vulnerable Victims, Complainants, and/or Witnesses".  The judgement concluded: "33. Having passed these directions, we are of the considered opinion that the suo motu writ petition regarding the order dated 17.03.2025, which we have already set aside, need not be kept open....the Registry is directed, upon receipt of the report from the Committee of Experts, to place the same before Hon’ble the Chief Justice of India on the administrative side for appropriate instructions. 34. Hence, in terms of the directions issued hereinabove, the instant suo motu case stands disposed of. Pending interlocutory applications, if any, also stand disposed of." 

Pursuant to the above directions, Justice Bose constituted a 4-member Committee. Besides Justice Bose who chaired the committee, it comprised of (i) Justice Sonia G. Gokani, Former Chief Justice of the High Court of Gujarat; (ii) Ms. Anuradha Shankar, Advocate and Former Director General of Police, Madhya Pradesh; (iii) Dr. Surat Singh, Advocate, Supreme Court of India; and (iv) Prof. Lucy T.V. Zehol, Professor, Department of Anthropology, North Eastern Hill University, Shillong. The Committee was assisted by Dr. Sonam Jain, faculty member at the National Judicial Academy, and Shrish Kailash Shukul, District Judge, Madhya Pradesh cadre, and Officer on Special Duty at the Academy. The 10-page long judgement dated July 14, 2026 recorded that in due course, the Committee submitted its report and accompanying publication which traces the evolution of gender jurisprudence in India. "The publication concludes with a dedicated section on conducting court proceedings with greater compassion and sensitivity, setting out practical measures to ensure that judicial processes are responsive to the needs of vulnerable persons while preserving the fairness, impartiality, and integrity of the adjudicatory process." The publication was approved for adoption by the Court "as a guiding resource for members of the judiciary, particularly while dealing with matters involving sexual offences and other cases concerning vulnerable persons." 

Supreme Court concluded:"In view of the foregoing, we direct the Registry of this Court to ensure that the publication is uploaded onto the website of the Supreme Court, and that copies thereof are circulated to all High Courts for similar upload on their respective websites, as also for onward dissemination to the District Judiciary functioning within their respective jurisdictions. Copies shall likewise be circulated to all Tribunals and other quasi-judicial bodies, who may upload the same on their respective website(s), if any. 21. Similarly, the aforesaid handbook shall be published by the National Judicial Academy and all State Judicial Academies on their websites. Copies of the handbook shall further be forwarded to the Union and State Law Departments; to the National Legal Services Authority, as also the State, District and Taluk Legal Services Authorities; and to the Ministry of Women and Child Development, Government of India. Regional translations of the handbook also be circulated amongst relevant academicians, law universities and law colleges. 22. The Directors General of Police and the Directors (Prosecution) of all the States are also directed to implement the handbook, and to issue instructions to all police stations within their respective jurisdictions to abide by its contents while registering an FIR or filing a chargesheet. 23. The publication shall serve as a mandatory guiding resource in matters involving sexual offences and other cases concerning vulnerable persons. 24. We further direct all concerned authorities, whether judicial, governmental, or police authorities, to take appropriate steps to ensure the effective dissemination and implementation of the contents of this publication. To that end, they may organise orientation programmes, training sessions, workshops, seminars, and other capacity-building initiatives for all concerned officers and personnel, so that the principles embodied in the publication are meaningfully understood and effectively integrated into institutional practice."

Prior to this in Himanshu Kr. Pathak @ Mithiya Pathak vs. The State of Bihar (2026), Justice Purnendu Singh  of Patna High Court had delivered a 23-page long judgement dated July 9, 2026, wherein, he had concluded: “26. In the facts and circumstances of the case, I find that in the absence of any evidence of penetration, even to the slightest extent, or any overt act unequivocally constituting an attempt to commit rape, the ingredients of Section 375 IPC, and consequently Section 376 read with Section 511 IPC, are not attracted in absence of any medical corroboration. 27. I find that the appellant used criminal force against the victim by confining her inside the studio, closing the door, attempting to remove her salwar, and physically molesting her by pressing her chest. These acts clearly establish the use of criminal force upon a woman with the intention, or at least the knowledge, that such acts were likely to outrage her modesty, thereby satisfying the essential ingredients of Section 354 IPC. 28. In light of the settled principles of law governing the distinction between an offence of attempt to commit rape and an offence of outraging the modesty of a woman, it appears that, even if the prosecution case is accepted in its entirety, the acts attributed to the appellant, as alleged in the FIR and deposed to by the victim, do not unequivocally establish the commission of an offence punishable under Section 376(1) read with Section 511 of the IPC. At best, the allegations disclose an act intended to outrage the modesty of the victim, thereby attracting the ingredients of Section 354 IPC. Consequently, the conviction of the appellant under Section 376 read with Section 511 IPC does not appear to be sustainable in law. The allegations proved on record, therefore, squarely fall within the ambit of Section 354 IPC. It further transpires from the record that the appellant remained in judicial custody for nearly three and a half months. 29. In view of aforesaid discussions of factual and legal aspects, it appears that the prosecution has miserably failed to establish the charges levelled against the appellant/accused during the trial for the offences under sections 376/511 of IPC. 30. The impugned judgment of conviction dated 31.10.2013 and order of sentence dated 01.11.2013 passed by the learned Adhoc. Addl. Sessions Judge-I, Banka in S. T. No. 450/2009 arising out of Amarpur P.S. Case No.14/2008, is hereby set aside. Consequently, the above-named appellant/accused is acquitted from all the charges levelled against him. Since the appellant is on bail, he is discharged from the liability of his bail bond. The fine deposited by the appellant, if any, shall be refunded to him. 31. Accordingly, the present appeal is allowed. 32. Office is directed to send back the lower court records along with a copy of the judgment to the learned District Court forthwith.” 

Section 354 of Indian Penal Code reads: "354: Assault or criminal force to woman with intent to outrage her modesty.—Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine." Supreme Court defined "modesty" in in Rupan Deol Bajaj vs. Kanwar Pal Singh Gill, (1995) 6 SCC 194 by referring to its dictionary meaning. 

It has been held in Raju Pandurang Mahale vs. State of Maharashtra (2004) 4 SCC 371 that for Section 354 to apply, the offence must be committed against a woman; criminal force must be applied against her; and such application of force must be with the intent to outrage her modesty. 

Notably, criminal force is defined in Section 350 of IPC but what exactly does "modesty" mean, which is an essential aspect for Section 354 to apply, has not been defined so as to constitute an offence under Section 354. 

Earlier, in Himanshu Kr. Pathak @ Mithiya Pathak vs. The State of Bihar (2013),  Justice Rajendra Kumar Mishra of Patna High Court had passed a 1-page long order dated December 18, 2013, which reads: “Call for the lower court records in connection with Sessions Trial No. 450 of 2009 from the court of Adhoc Additional Sessions Judge- Ist, Banka. It appears that appellant, Himanshu Kumar Pathak @ Mithiya Pathak, has already been directed to be released on provision bail by the court below vide order dated 01.11.2013. Let the provisional bail of the appellant be confirmed and he is allowed to remain on bail during the pendency of this appeal.”

The criminal appeal was filed under Section 374 (2) and 389(1) of Code of Criminal Procedure, challenging the judgment of conviction and order of sentence dated October 31, 2013 and November 1, 2013 passed by the Adhoc. Additional Sessions Judge-I, Banka in S. T. No. 450/2009 which arose out of Amarpur P.S. Case No.14/2008,, whereby and whereunder the appellant has been convicted for the offence punishable under Section 376/511 and 342 of the Indian Penal Code and has been sentenced to undergo Rigorous Imprisonment for a period of three years under Section 376/511 of IPC along with a fine of Rs.5,000/. The appellant was further sentenced to undergo Imprisonment for a period of six months under Section 342 of the Indian Penal Code. Both the sentences were directed to run concurrently. 

The prosecution case was that the informant alleged that on January 19, 2008 at about 4:30 p.m., she accompanied her father to Amarpur for photography. The accused/appellant, who was the owner of Chhaya Studio, took the informant inside the studio and clicked her photograph. Thereafter, he asked her father to view his daughter's photograph on the computer and closed the door of the studio from inside. It is alleged that the accused then started touching the informant's body and attempted to remove/open her salwar with the intention to commit rape. On the informant raising an alarm, her father came to the door and attempted to open it. Thereupon, the accused opened the door and fled from the studio. Many people gather there after hearing the Hulla. 

On the basis of the statement of the informant, the F.I.R being Amarpur P.S. Case No.14 of 2008 dated January 20, 2008 was registered for the offences under sections 342, 376/511 of the Indian Penal Code. After institution of the FIR, the police proceeded with the investigation and after completion of investigation, charge-sheet was submitted. Thereafter, the trial court took cognizance against the appellants and the case was committed to the Court of Sessions for trial, whereby he was convicted against which the present appeal has been filed. 

Before the High Court’s bench of Justice Singh, the appellant’s counsel submitted that the impugned judgment of conviction dated October 31, 2013 and order of sentence dated November, 11.2013 passed by the Adhoc Additional Sessions Judge- I, Banka in S.T. No. 450/2009 was illegal, perverse and unsustainable in law. The counsel also contended that the alleged occurrence took place on January 19, 2008 whereas the FIR was lodged on January 20, 2008 and the prosecution failed to offer any satisfactory explanation for such delay. 

The APP opposed the appeal submitted that the trial court after considering all the evidences on record and exhibits held that the offences alleged against the appellant appears to be serious in nature.

Justice Singh’s judgement recorded that the trial court, on the basis of materials as collected during the course of investigation, passed the judgment of conviction  and order of sentence for the offences under Section 376/511 and 342 of the IPC. During the trial, the prosecution examined altogether five witnesses, namely: (i) (P.W.-1)- Mantu Sah (father of informant), (ii) (P.W.-2)- Aruna Devi (mother of informant), (iii) (P.W.-3)- X (informant), (iv) (P.W.-4)- Kailash Prasad (investigating officer) and (v) (P.W.-5)- Md. Salam (hostile).  On the basis of materials surfaced during the trial, the appellant/accused was examined under Section 313 of the Cr.PC by putting incriminating circumstances/evidences surfaced against him, which he denied and shows his complete innocence.

Sections 375 of the IPC reads: “375. Rape.— A man is said to commit "rape" if he—(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or (b)inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or (c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d)applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person,under the circumstances falling under any of the following seven descriptions:—(First.)— Against her will.  (Secondly.) — Without her consent. (Thirdly.) — With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt, (Fourthly.) — With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. (Fifthly.) — With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. (Sixthly.) — With or without her consent, when she is under eighteen years of age. (Seventhly.) — When she is unable to communicate consent. Explanation 1.— For the purposes of this section, "vagina" shall also include labia majora. Explanation 2.— Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act: Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exception 1.— A medical procedure or intervention shall not constitute rape. Exception 2.— Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.

Section 376 of IPC reads: ”376. Punishment for rape.—(1)Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which [shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine] (Subs. by Act 22 of 2018, s. 4, for “shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine” (w.e.f. 21-4-2018)  (2)Whoever,—(a)being a police officer, commits rape—(i)within the limits of the police station to which such police officer is appointed; or (ii)in the premises of any station house; or (iii)on a woman in such police officer's custody or in the custody of a police officer subordinate to such police officer; or (b)being a public servant, commits rape on a woman in such public servant's custody or in the custody of a public servant subordinate to such public servant; or (c)being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or (d)being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women's or children's institution, commits rape on any inmate of such jail, remand home, place or institution; or (e)being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or (f)being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or (g)commits rape during communal or sectarian violence; or (h)commits rape on a woman knowing her to be pregnant; or (i)commits rape on a woman when she is under sixteen years of age; or (j)commits rape, on a woman incapable of giving consent; or (k)being in a position of control or dominance over a woman, commits rape on such woman; or (l)commits rape on a woman suffering from mental or physical disability; or (m)while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or (n)commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine. Explanation.— For the purposes of this sub- section, —(a)"armed forces" means the naval, military and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government; (b)"hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation; (c)"police officer" shall have the same meaning as assigned to the expression "police" under the Police Act, 1861 (5 of 1861); (d)"women's or children's institution" means an institution, whether called an orphanage or a home for neglected women or children or a widow's home or an institution called by any other name, which is established and maintained for the reception and care of women or children. (3)Whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim.”

Justice Singh discussed the oral/documentary evidences as available on record to re-appreciate the evidences for just and proper disposal of the appeal. The statements of the prosecution witnesses are as under:

P.W.-1: Mantu Sah (father of victim)- He stated that the accused instructed him to sit at the outer counter/courtyard to view the digital photograph on a computer. Within moments, he heard his daughter screaming from inside the locked studio. He rushed to the door and forcefully pushed it. The accused opened the door, violently shoved P.W.-1 aside, and fled from the scene as a local crowd began to gather. He verified his signature on the initial written report (Exhibit-1). In his cross-examination, he admitted that the formal written complaint was scribed by an unknown third party at the police station based exactly on his daughter's dictation. He confirmed the presence of a single exit door to the studio and a counter measuring 4–5 hands. He failed to explain why he would falsely stake his unmarried daughter’s reputation.

P.W.-2: Aruna Devi (Mother of the Victim) - She deposed that on the day of the incident at around 7:30 P.M., she was at her house when her daughter and husband returned and narrated the entire incidences to her—specifically how the accused locked her daughter in the studio, stripped her, and attempted to violate her modesty. She admitted during cross-examination that she was not an eye-witness to the actual scene of the crime and could not recollect the exact calendar date of the occurrence.

P.W.-3: X (The Informant and Victim) - She deposed that on 19.01.2008 at 4:30 P.M., she accompanied her father to Chhaya Studio in Amarpur for photography. The accused, Mithia Pathak, guided her inside the studio room, took a snapshot, and sent her father outside to check the preview on a computer screen. Immediately thereafter, the accused bolted the studio door from the inside, stripped himself, untied her Salwar, and subjected her to forceful sexual molestation with an explicit intent to commit rape. The Trial Judge specifically placed a demeanor remark on record, noting that the witness broke down and was weeping while recalling the trauma during her examination. In her Cross-Examination She provided precise topographical details of the crime scene (the darkroom measured 5–5½ hands in length and 3–3½ hands in width; the outer courtyard measured 5–6 hands by 4–4½ hands, facing a local temple). She firmly denied the defense's suggestion that she had fabricated the details regarding the accused undressing himself.

P.W.-4: Kailash Prasad (Investigating Officer –Formal)- P.W.-4 is a formal police witness. He testified that he took over the investigation for a brief interim period and recorded a supervision note in the case diary. However, he admitted that he did not personally record the Section 161 Cr.P.C. statements of the primary witnesses, nor did he submit the final charge sheet.  

P.W.-5: Md. Salam (Independent Local Witness /Hostile) - This witness turned hostile to the prosecution's case. He claimed to have no knowledge of the occurrence on 19.01.2008. The Additional Public Prosecutor cross-examined him at length regarding his prior statements recorded under Section 161 Cr.P.C., but he denied all suggestions and signatures.

Justice Singh observed: “16. Upon a careful re-appreciation of the evidence on record, it emerges that the prosecution has examined only five witnesses, of whom P.W.-5 has not supported the prosecution

case and was declared hostile. P.W.-4, who was examined as a formal witness, merely stated that he had recorded the supervision note in the case diary and neither recorded the statements of any witness nor submitted the charge-sheet. Significantly, the Investigating Officer who completed the investigation and submitted the charge-sheet was not examined during trial. Further, no Medical Officer was examined by the prosecution to substantiate the allegation of attempted rape, and consequently, no medical evidence is available on record in support of the prosecution case. Thus, the prosecution case substantially rests upon the testimonies of P.W.-3, the victim, and P.W.-1, her father, while P.W.-2, the mother of the victim, is admittedly a hearsay witness. The victim (P.W.-3) has consistently deposed that on 19.01.2008, when she had gone to the studio of the accused for getting her photograph, the accused asked her father to remain outside on the pretext of viewing the photograph on the computer, closed the door of the studio from inside, attempted to remove her salwar, undressed himself, and forcibly molested her with the intention of committing rape. She further stated that upon her raising alarm, her father pushed open the door, whereupon the accused fled from the studio. P.W.-1 father of the victim has corroborated the version of the victim to the extent that he heard her cries, pushed the studio door, saw the accused fleeing from the spot, and was informed by his daughter immediately thereafter that the accused had attempted to commit rape upon her. Except for the testimony of the victim, which finds partial corroboration from her father regarding the surrounding circumstances, there is no independent eyewitness or medical evidence supporting the prosecution version.

Justice Singh observed: “17. In such circumstances, can the testimony of the victim PW-3 be said to be reliable and trustworthy. The Apex Court in case of Krishan Kumar Malik v. State of Haryana, reported in (2011) 7 SCC 130, held that although the victim’s solitary evidence in matters related to sexual offences is generally deemed sufficient to hold an accused guilty, the conviction cannot be sustained if the prosecutrix’s testimony is found unreliable and insufficient due to identified flaws and lacunae. It was held thus: “31. No doubt, it is true that to hold an accused guilty for commission of an offence of rape, the solitary evidence of the prosecutrix is sufficient provided the same inspires confidence and appears to be absolutely trustworthy, unblemished and should be of sterling quality. But, in the case in hand, the evidence of the prosecutrix, showing several lacunae, which have already been projected hereinabove, would go to show that her evidence does not fall in that category and cannot be relied upon to hold the appellants guilty of the said offences. 32. Indeed there are several significant variations in material facts in her Section 164 statement, Section 161 statement (CrPC), FIR and deposition in court. Thus, it was necessary to get her evidence corroborated independently, which they could have done either by examination of Ritu, her sister or Bimla Devi, who were present in the house at the time of her alleged abduction. The record shows that Bimla Devi though cited as a witness was not examined and later given up by the public prosecutor on the ground that she has been won over by the appellants.”

Justice Singh relied on Supreme Court’s decision in Rai Sandeep vs. State (NCT of Delhi), reported in, (2012) 8 SCC 21, wherein, the Court found totally conflicting versions of the prosecutrix, from what was stated in the FIR and what was deposed before Court, resulting in material inconsistencies. Reversing the conviction and holding that the prosecutrix cannot be held to be a ‘sterling witness’, the Court opined: “22. In our considered opinion, the ‘sterling witness’ should be of a very high quality and calibre whose version should, therefore, be unassailable. The court considering the version of such witness should be in a position to accept it for its face value without any hesitation. To test the quality of such a witness, the status of the witness would be immaterial and what would be relevant is the truthfulness of the statement made by such a witness. What would be more relevant would be the consistency of the statement right from the starting point till the end, namely, at the time when the witness makes the initial statement and ultimately before the court. It should be natural and consistent with the case of the prosecution qua the accused. There should not be any prevarication in the version of such a witness. The witness should be in a position to withstand the cross-examination of any length and howsoever strenuous it may be and under no circumstance should give room for any doubt as to the factum of the occurrence, the persons involved, as well as the sequence of it. Such a version should have co-relation with each and every one of other supporting material such as the recoveries made, the weapons used, the manner of offence committed, the scientific evidence and the expert opinion. The said version should consistently match with the version of every other witness. It can even be stated that it should be akin to the test applied in the case of circumstantial evidence where there should not be any missing link in the chain of circumstances to hold the accused guilty of the offence alleged against him. Only if the version of such a witness qualifies the above test as well as all other such similar tests to be applied, can it be held that such a witness can be called as a ‘sterling witness’ whose version can be accepted by the court without any corroboration and based on which the guilty can be punished. To be more precise, the version of the said witness on the core spectrum of the crime should remain intact while all other attendant materials, namely, oral, documentary and material objects should match the said version in material particulars in order to enable the court trying the offence to rely on the core version to sieve the other supporting materials for holding the offender guilty of the charge alleged.”

Justice Singh relied on Supreme Court’s decision in in Ganesan vs. State, reported in, (2020) 10 SCC 573, wherein it has been held that the sole testimony of the victim, if found reliable and trustworthy, requires no corroboration and may be sufficient to invite conviction of the accused.

Justice Singh observed: “20. What emerges from the aforesaid decisions is that where witnesses are found to be neither completely trustworthy nor entirely unreliable, the Court must make a careful effort to ascertain the true origin of the incident. A victim may be treated as a “sterling witness” and her testimony can be relied upon without additional corroboration, provided its quality and credibility are of an exceptionally high standard. The statement of the prosecutrix should remain consistent throughout, from the initial version to the oral evidence, barring minor discrepancies, and should not give rise to any doubt regarding the prosecution’s case. Although, in cases of sexual offences, the testimony of the victim is generally sufficient, a version that is unreliable or inadequate, suffering from evident shortcomings and gaps, may render it difficult to sustain a conviction. 21. In the instant case, it is evident that all the prosecution witnesses No.1, 2 (father and mother of victim) are interested witnesses, having direct or indirect stakes in the outcome of the matter. Their testimonies, therefore, cannot be accepted at face value without careful scrutiny. The courts have consistently held that interested witnesses are prone to exaggeration, omission, or distortion of facts to favor their own position. Consequently, their evidence cannot be deemed wholly reliable or sufficient on its own to establish the charges. It is imperative that such testimonies be corroborated by independent, credible, and unimpeachable evidence before any adverse inference or conviction is drawn.

Justice Singh referred to para nos. 32 and 33 of the judgment passed by the Supreme Court in Nand Lal vs. State of Chhattisgarh, (2023) 10 SCC 470. It  reads: “32. Undisputedly, the present case rests on the evidence of interested witnesses. No doubt that two of them are injured witnesses. This Court, in Vadivelu Thevar v. State of Madras [Vadivelu Thevar v. State of Madras, 1957 SCC OnLine SC 13 : 1957 SCR 981 : AIR 1957 SC 614] , has observed thus : (AIR p. 619, paras 11-12) “11. … Hence, in our opinion, it is a sound and well-established rule of law that the court is concerned with the quality and not with the quantity of the evidence necessary for proving or disproving a fact. Generally speaking, oral testimony in this context may be classified into three categories, namely: (1) Wholly reliable. (2) Wholly unreliable. (3) Neither wholly reliable nor wholly unreliable. 12. In the first category of proof, the court should have no difficulty in coming to its conclusion either way — it may convict or may acquit on the testimony of a single witness, if it is found to be above reproach or suspicion of interestedness, incompetence or subornation. In the second category, the court equally has no difficulty in coming to its conclusion. It is in the third category of cases, that the court has to be circumspect and has to look for corroboration in material particulars by reliable testimony, direct or circumstantial.” 33. It could thus be seen that in the category of “wholly reliable” witness, there is no difficulty for the prosecution to press for conviction on the basis of the testimony of such a witness. In case of “wholly unreliable” witness, again, there is no difficulty, inasmuch as no conviction could be made on the basis of oral testimony provided by a “wholly unreliable” witness. The real difficulty comes in case of the third category of evidence which is partly reliable and partly unreliable. In such cases, the court is required to be circumspect and separate the chaff from the grain, and seek further corroboration from reliable testimony, direct or circumstantial.”

Justice Singh observed: “22. What emerges from the settled principles of law is that the evidence of interested witnesses must be examined with caution but cannot be discarded merely on the ground of relationship or interest. Where such witnesses are found to be neither wholly trustworthy nor entirely unreliable, the Court must carefully scrutinize their testimony to determine its credibility and probative value. If the testimony of an interested witness is clear, cogent, consistent, and inspires confidence, it can form the basis for conviction, even in the absence of independent corroboration. However, where the evidence is riddled with contradictions, improvements, or material gaps, its reliability may be doubtful, and conviction based solely on such testimony would be unsafe. The guiding principle remains that the Court must weigh the testimony of interested witnesses pragmatically and cautiously, ensuring that the conviction is founded on credible and trustworthy evidence. 23. The record reveals that the Medical Officer was not examined during the course of trial. Undoubtedly, the Medical Officer is required to prove the medical evidence relating to the nature and cause of injuries. Its examination also affords the defence an opportunity to test the fairness of the investigation and the medical findings through cross-examination. However, it is well settled that the mere non-examination of the Medical Officer does not ipso facto vitiate the prosecution case. The effect of such omission has to be assessed in the facts and circumstances of each case, particularly with regard to whether any prejudice has been caused to the accused; and where the ocular and other substantive evidence is otherwise found to be cogent, reliable and trustworthy, the prosecution case cannot be rejected on that ground alone.”

Justice Singh referred topara 18 of the judgment passed by the Supreme Court in Rajesh Patel vs. State of Jharkhand, reported in (2013) 3 SCC 791, which reads: “18. Further, neither the doctor nor the IO has been examined before the trial court to prove the prosecution case. The appellant was right in bringing to the notice of the trial court as well as the High Court that the non-examination of the aforesaid two important witnesses in the case has prejudiced the case of the appellant for the reason that if the doctor would have been examined he could have elicited evidence about any injury

sustained by the prosecutrix on her private part or any other part of her body and also the nature of hymen layer, etc. so as to corroborate the story of the prosecution that the prosecutrix suffered unbearable pain while the appellant committed rape on her. The non-examination of the doctor who had examined her after 12 days of the occurrence has not prejudiced the case of the defence for the reason that the prosecutrix was examined after 12 days of the offence alleged to have been committed by the appellant because by that time the sign of rape must have disappeared. Even if it was presumed that the hymen of the victim was found ruptured and no injury was found on her private part or any other part of her body, finding of such rupture of hymen may be for several reasons in the present age when the prosecutrix was a working girl and that she was not leading an idle life inside the four walls of her home. The said reasoning assigned by the High Court is totally erroneous in law.” 

The High Court’s judgement also drew on the decision of the Supreme court in Sadashiv Ramrao Hadbe vs. State of Maharashtra, reported in (2006) 10 SCC 92, wherein the Court held that when the version of the prosecutrix is not of sterling quality and is inconsistent with the medical evidence, and when the surrounding circumstances render the prosecution story doubtful, the accused is entitled to the benefit of doubt.  It further held that conviction cannot be sustained where the prosecution has failed to prove its case beyond reasonable doubt.

Drawing on catena of Supreme Court's judgements, in his judgement, Justice Singh has observed: “25. So far as the contention of the appellant that there is delay of more than 24 hours in registering of the FIR, I would like to mention that the victim in her cross-examination has stated that she along with her father and Fua went to the nearest police station for registering the case but in spite of having waited for long time, the concerned SHO refused to register the FIR and thereafter they returned at about 08:15 p.m. and on the next date, the FIR was registered, so there is no question of any delay on part of the prosecution.” Now Justice Singh's judgement appears to be under scrutiny by the Supreme Court. 

Notably, October 9, 2026 is the last date by which Himanshu Kumar Pathak @ Mithiya Pathak, the appellant in the case for his reply to filed in the Supreme Court.

 

Wednesday, September 30, 2026

Justices Rajeev Ranjan Prasad, Sourendra Pandey uphold judgement of acquittal by Additional District and Sessions Judge-V-cum-Exclusive Special Judge (Rape and POCSO), Sitamarhi

In X. vs. 1. The State of Bihar &  Anr. (2026), Patna High Court's Division Bench of Justices Rajeev Ranjan Prasad and Sourendra Pandey delivered a 11-page long judgement dated September 19, 2026, wherein, it concluded: "25. The learned trial court has stated that the victim had made statement in the FIR as well as in her 164 Cr.P.C. statement about providing a sum of Rs. 17,000/- to the accused, which seems to be suspicious. The doctor had recorded that it was very difficult to say whether rape had occurred or not. 26. We have re-appreciated the entire evidences on the record. This Court comes to a conclusion that no perversity may be found in the judgment of the learned trial court. It is well settled that unless an irresistible conclusion is reached by the Appellate Court that the guilt of the accused-respondent no. 2 is proved beyond all reasonable doubts, the judgment of acquittal need not be interfered with. Taking note of this principle governing an appeal against acquittal, we find no reason to interfere with the impugned judgment. 27. This appeal has no merit and is, accordingly, dismissed. 28. Let a copy of this judgment along with the trial court’s record be sent down to the learned trial court." 

The appeal has been preferred under proviso to Section 413 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for setting aside the judgment of acquittal dated January 23, 2025 in a Sessions Trial of 2022, arising out of Sahiyara P.S. Case No.47 of 2022, J.R. No.943 of 2022 (State of Bihar vs. Victim 'X') passed by Additional District and Sessions Judge-V-cum-Exclusive Special Judge (Rape and POCSO), Sitamarhi. The Trial Court acquitted the sole accused (respondent no.2 before this Court) of the charges/offences punishable under Sections 376, 504 and 506 IPC. 

The prosecution case is based on a written information submitted by the victim (P.W.6) on April 9, 2022. In her written information, she has declared her age as 26 years and the date of occurrence has been set up as that of seven years ago. The victim (P.W. 6) has stated that there was an affair between her and the accused outside the marriage and on the pretext of marrying her, the accused established illegal physical relationship on many occasions. About five years ago, there was a panchayti by the village panchans on the issue and thereafter, the accused had gone outside. It is stated that about two years back the accused-respondent no. 2 came and told the victim that he would marry her, thereafter, he again started establishing illegal relationship with her and whenever she used to tell him to marry her, then he was promising her that he would definitely marry her and that she should not be worried about it. She has stated that when she started pressurizing the accused to solemnize marriage then the accused refused to marry her and he was ready to go outside on 13.04.2022, therefore, the victim ‘X’ came to the police station and submitted a written information.

On the basis of the said written information, Sahiyara P.S. Case dated April 9, 2022, was registered under Sections 376/506 of the IPC against respondent no. 2. After investigation, police submitted a chargesheet bearing Chargesheet No. 100 of 2022 dated June 5, 2022 under Section 376/504 IPC against respondent no. 2. Judicial Magistrate, First Class, Sitamarhi vide order dated July 26, 2022 took cognizance of the offence and vide order dated July 29, 2022 committed the records to the court of sessions. Charges were read over in Hindi and explained to respondent no. 2 to which he pleaded innocence and claimed to be tried. Accordingly, vide order dated November 22, 2022, charges were framed against him under Sections 376, 504 and 506 IPC. 6. In course of the trial, the prosecution examined as many as seven witnesses and got exhibited various documentary evidence. 

Justice Prasad who authored the Division Bench verdict recorded: "14. This Court finds that the victim has herself deposed as PW-6. She has reiterated her version in her examination-in-chief. It has come in her evidence that one Ravi Kumar had written the application, but he had not given his certificate and signature on the application. She has stated that there is no paper about the panchayati held five years ago. She has stated that no correspondence had taken place between her and the accused, but the accused used to talk to her over phone and he was sending some goods for the children. She had not stated anyone that she had been in love affair with the accused-respondent no. 2. She has stated that, to submit her application, she had gone to the police station with her mother, but her mother had not put her thumb impression or signature thereon. She has stated that the accused had given her medicine about three years ago for purpose of abortion. 15. The defence suggested her that the parents of the accused were helping her family, but when they stopped providing financial assistance, then, with an intention to usurp the money, this false case was registered. The victim (PW-6), however, denied this suggestion. 16. This Court finds that PW-1 and PW-2 are the mother and sister of the victim. They have made their statements on the basis of the information furnished by the victim. 17. PW-2 has stated that her sister’s age at present is 26 years and at the time when she had come in contact with the accused-respondent no. 2, she was 19 years old and was major. 18. PW-3 is another sister of the victim, who has stated about the panchayati, but she did not remember the date of the panchayati and has stated that there was no paper of panchayati. She was suggested by the defence that she was making a statement on the basis of the story told to her by the victim (PW-6).

Reliance in this regard was placed on the judgments of the High Court and the Supreme Court in the case of XXXX vs. the State of Madhya Pradesh & Anr. in Criminal Appeal No.3431 of 2023 reported in 2024 (3) SCC 496, Om Prakash Mishra vs. State of Bihar in Criminal Appeal (SJ) No.2509 of 2017 reported in 2018 SCC OnLine Pat 507, Deelip Singh @ Dilip Kumar vs. State of Bihar reported in AIR 2005 SC 203 and Pradeep Kumar @ Pradeep Kumar Verma vs. State of Bihar & Anr. reported in 2007 (7) SCC 413.

Justice Prasad observed: 23. The learned trial court has noticed that, in this case the victim had set up the date of occurrence which was seven years ago. The victim was herself an adult and was able to understand the consequences of the physical relationship. She claims to have established a physical relationship with the accused-respondent no. 2 for five years and then again for two years. She has stated about her affairs outside the marriage (love affairs) and she has stated in paragraph ‘6’ of her deposition that during the period when she remained with the appellant, she never made any complaint against him for establishing physical relationship. 24. PW-1 has stated that her daughter went for abortion and that it was done with the consent of the respondent no. 2 and her daughter."


Friday, September 18, 2026

Supreme Court sets aside Patna High Court's order, restores original Order of Principal District and Sessions Court, Purnea

In Basant Rai & Anr. vs. The State of Bihar & Anr. (2026), Supreme Court's Division Bench of Justices J.B. Pardiwala and K. Vinod Chandran passed a 3-page long order dated September 16, 2026, wherein, it allowed the exemption applications, granted leave and concluded:"6. The matter is essentially a civil dispute and proceedings with respect to the same are pending. It is also noted that the past criminal antecedents of the appellants pertain to minor offences having no bearing on the instant dispute at hand. 7. For the aforesaid reasons, the common impugned Orders of the High Court are set aside and the original Order of the Sessions Court is restored. 8. The appeals stand disposed of. 9. Pending application(s), if any, shall stand disposed of."

The appellants had approached the Supreme Court apprehending arrest in connection with FIR No.43/24 registered on February 15, 2024 against the appellants in connection with offences u/S 406, 420, 467, 468
& 34 of the Indian Penal Code, 1861 and have alleged to have forged certain signatures to effectuate a sale deed. The appellants were granted anticipatory bail by the Principal Sessions Judge, Purnea vide order dated October 4, 2024, which was subsequently cancelled by Justice Sandeep Kumar of the Patna High Court vide Order dated May 5, 2026 citing suppression of past criminal antecedents of the appellants.

The Court recorded that the counsel for the appellants had submitted that the matter pertains to a civil dispute and that the Suit with respect to the same had been dismissed. The counsel for the Respondents had submitted that the civil matter was dismissed in default and restoration with respect to the same is pending.

Earlier, in Bimal Kumar @ Bimal Kumar Gupta vs. The State of Bihar & Ors. (2026), Justice Kumar of the Court had passed a 4-page long order dated May 5, 2026, wherein, "5. From the impugned order, it appears that it was argued by learned counsels for the opposite parties in the Court below before the Principal District and Sessions Judge, Purnea that all the opposite parties have clean antecedent. 6. Mr. Ramesh Kumar Singh, learned counsel for the opposite party nos. 2, 4 and 5 has filed the counter affidavit and he has accepted the fact that the opposite party nos. 4 and 5 have criminal antecedent and a false statement was made before the Principal District and Sessions Judge, Purnea at the time of argument of anticipatory bail. 7. In these circumstances, I am of the view that the bail granted to the opposite party nos. 4 and 5 has been obtained by committing fraud upon the Court i.e., by suppression of criminal antecedent and therefore anticipatory bail granted to them is cancelled. They are directed to surrender and pray for regular bail within two weeks from today. 8. So far as opposite party no. 2 is concerned, considering the fact that there is no concealment with regard to the criminal antecedent, I do not find anything against the opposite party no. 2 and the prayer for cancellation of bail of opposite party no. 2 is hereby rejected. 9. This application is partly allowed." Siyaram Shahi was the counsel for the petitioner. 

The Cr. Misc. application was filed for cancellation of anticipatory bail granted by the Principal Sessions Judge, Purnea by a common order dated October 4, 2024. 3. The cancellation for anticipatory bail granted to Manish Kumar Singh, Basant Rai and Rupesh Kumar, the opposite party nos. 2, 4 and 5 respectively which was filed on the ground that these opposite parties has suppressed their criminal antecedents and have obtained anticipatory bail from the Court below.

With regard to the same, the following statement was made in paragraph-13 of the bail cancellation petition which reads: “13. That on the false statement the opposite party no.2, 4 and 5 have obtain the order of Anticipatory Bail from the Sessions Court. Their  antecedent are as follows:
i. Dhamdaha P.S. Case No.340/2018 dated 26.11.2018 under sections 447, 341, 323, 327, 504, 506/34 I.P.C. and 3(i) (2) of SC/ST Act as the instant of one Ramchandra Marandi against Manish Kumar Singh, Rupesh Kumar and five others with regard to the grabbing of land.
ii. Dhamdaha P.S. Case No.63/2018 dated 10.03.2021 under sections 323, 341, 342, 427, 379, 504/34 I.P.C
against Manish Kumar Singh and Basant Kumar Ray by the informant Ranjan Kumar and two others with regard to grabbing of land.
iii. Dhamdaha P.S. Case No.258/2019 dated 05.01.2019 under sections 447, 427, 504, 506, 436 I.P.C. and 3(i) (2) SC/ST Act and 27 Arms Act against  Manish Kumar Singh and for others with regard to the grabbing of land.
iv. Sadar ST/SC P.S. Case No.7/2017 dated 08.02.2017 under sections 447, 341, 323, 504, 506/34 I.P.C. and u/s 3(1)(i) (r) (s)(g) SC/ST Act through the informant Sawan Marandi against Manish Kumar Singh and four others with regard to the grabbing of land.”

Supreme Court did not endorse the order by the High Court. It has approved the order by the the Principal District and Sessions Judge, Purnea. 

Tuesday, September 8, 2026

Justices Bibek Chaudhuri, Rana Vikram Singh set aside judgment, decree of dismissal passed by Principal Judge, Family Court, Aurangabad, in a matrimonial case

Either party to marriage, whether solemnized before or after the commencement of the Act, may also present a petition for dissolution of marriage by a decree of divorce on the ground and (i) there has been no resumption of co-habitation as between the parties for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or (ii) that there has been no restitution of conjugal rights as between the parties for marriage for a period of one year or upwards after passing of the decree for restitution of conjugal right in a proceeding to which they were parties.

 -Section 13(1-A), Hindu Marriage Act

In Ajay Kumar Raut vs. Soni Devi, Patna High Court's Division Bench of Justices Bibek Chaudhuri and Rana Vikram Singh delivered a 5-page long judgment dated September, 2026, wherein, it concluded:"10. The respondents did not deny that after passing of the decree of restitution of conjugal rights, the marital relationship between the parties were restored. 11. On this ground alone, the appellant is entitled to get a decree for dissolution of marriage under Section 13[(1-A) (ii)] of the Hindu Marriage Act. 12. The learned trial Judge failed to consider the relevant provisions of law while dismissing the suit. The order impugned is not sustainable and the judgment and decree of dismissal passed by the learned Principal Judge, Family Court, Aurangabad, in Matrimonial Case No. 26/2020 on 02.07.2024 is liable to be set aside. Accordingly, the instant appeal is allowed. 13. The marriage between the appellant and the respondent is declared to be dissolved by a decree of divorce. Further, the Office is directed to draw the decree of divorce at the earliest." The judgement was authored by Justice Chaudhari.

The miscellaneous appeal was directed against the judgment and decree of dismissal of a suit for dissolution of marriage by decree of divorce, which was registered as Matrimonial Case No. 26 of 2020 before the Principal Judge, Family Court, Aurangabad. The husband of the Opposite Party was the appellant before the High Court, challenging the judgment and decree of dismissal dated July 2, 2024.

The case of the appellant was that his marriage was solemnized with the Opposite Party on January 21, 2014. After the marriage, the Opposite Party came to her matrimonial home to lead conjugal life with the appellant but subsequently she left her matrimonial home. On two occasions she visited her matrimonial home, once after marriage and secondly to attain the Shradh Ceremony of her father-in-law in the year 2015. From the very beginning of her marriage, the Opposite Party used to insist the appellant to leave her parents and stay separately with her. The appellant was not agreeable to such proposal of the respondent. During the pendency of the suit at the intervention of the trial court the appellant brought the respondent to his home on May 25, 2016. But on May 28 2016, she called her parents and told that they assaulted the petitioner mercilessly under Civil Court Campus, Aurangabad over which an FIR being Aurangabad Town
P.S. Case No. 164 of 2016 was lodged. Since, then the parties are living separately. The respondent flatly refused to live with the appellant as his wife. She not only humiliated and harassed him but the appellant was subjected to cruelty by his wife. 

In the year 2015, the appellant filed a suit for restitution of conjugal right under Section 9 of the Hindu Marriage Act. In retaliation thereof the respondent filed a case under Section 498A of the IPC and Section 3 and 4 of the Dowry Prohibition Act. She also filed an application under Section 125 of the CrPC against the appellant. 

The suit for restitution was decreed in favour of the appellant on July 10, 2018. In spite of the said decree, the respondent did not come back to her matrimonial home to continue the conjugal life with the appellant. It is contended that the appellant is an unemployed diploma holder, he was trying to get some job but his mental stability was shattered by the respondent. The respondent contested the suit by filing written statement whereby and where-under she denied all material allegations brought by the appellant against her. Marriage between the parties was admitted in the written statement. She also made counter allegation of physical and mental torture inflicted by the appellant upon her. In support of his case the appellant adduced evidence, however, he was not cross-examined by the respondent/Opposite Party.The mother of the appellant deposed during the trial as PW-2 that she was cross-examined by the Advocate for the respondent. PW-3 was a neighbour of the appellant.The respondent deposed during trial as DW-1. In her evidence she stated that the appellant did not want to keep the respondent with full honour and dignity as his wife. Before marriage, he had illicit relation with another lady, namely, Pinky Kumari. Subsequently, Pinky filed a complaint on the basis of which Aurangabad Town P.S. Case No. 205/2013 under Section 376 of the IPC was registered against the appellant. Even after the decree passed in the suit for restitution of conjugal right the appellant never came to the house of the respondent to take her back to his house to stay as husband and wife. 

Justice Chaudhari recorded: "7. From the evidence on record it is also found that the respondent filed a case under Section 498A of the IPC and under Section 3 and 4 of the Dowry Prohibition Act. She also filed another application claiming maintenance under Section 125 of the CrPC. Thus, it is on record that the relationship between the appellant and the respondent is far from being happy and cordial."

Justice Chaudhary observed: "8. It is not in dispute that the appellant filed a suit for restitution of conjugal rights against the respondent under Section 9 of the Hindu Marriage Act on 19th September 2015. The said suit was registered as Matrimonial Case No. 136 of 2015 and it was decreed in favour of the petitioner on July 10, 2018."



Monday, August 31, 2026

Supreme Court sets aside order by Justice Chandra Shekhar Jha, grants anticipatory bail due to compromise between informant, and appellant

In Shayam Mishra @ Shayam Kumar vs. The State of Bihar (2026), Supreme Court's Division Bench of Justices M.M. Sundresh and Prasanna B. Varale passed a 5-page order dated August 25, 2026, wherein, it set aside the 5-page long order dated June 25, 2026 by Justice Chandra Shekhar Jha of Patna High Court in a case from Badhurupiya, Sugauli, East Champaran. Supreme Court's order reads: "5) Inasmuch as this case involves a complaint at the behest of the informant and a counter complaint at the behest of the appellant, and the fact that the matter has been resolved between the parties, we are inclined to set aside the impugned order passed by the High Court and grant anticipatory bail to the appellant. 6) In such view of the matter, the impugned order dated 25.06.2026 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.40755 of 2026 is set aside and the appellant is granted anticipatory bail on such terms and conditions as may be imposed by the concerned Trial Court." 

The appellant is implicated as an accused in connection with F.I.R. No.480 of 2021 registered at P.S.: Sugauli, District: East Champaran, Bihar for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 384, 379, 504 and 506 of the IPC. He was aggrieved by the rejection of the anticipatory bail applications by the Trial Court and the High Court. He approached the Supreme Court. The Court was informed that "the matter has been resolved between the appellant and the informant, via compromise."

Prior to this, in his order Justice Jha had recorded the submission by the A.P.P. for the State, while opposing the prayer of anticipatory bail of the petitioner, wherein, it was submitted that considering all available materials, the prayer of first anticipatory bail of the petitioner was rejected and, therefore, there is no occasion to reconsider this second prayer of anticipatory bail of the petitioner without having any changed circumstances, which would amount to review of earlier order passed by learned coordinate Bench of this Court, which is not permissible under law. It was also submitted by the A.P.P. that the offence, as alleged, is not compoundable in nature and, therefore, compromise is of no bearing. 

Justice Jha had concluded: "8. In view of aforesaid factual submission and by taking note of the fact as prima facie on the basis of subsequent compromise for non-compoundable offence, the earlier rejection order, which was passed by one of the learned coordinate Bench of this Court, cannot be reviewed by this Court, accordingly, on second consideration also, prayer of anticipatory bail of the  petitioner stands rejected."

The High Court's order recorded that it was the second prayer of anticipatory bail, after rejection of his first anticipatory bail by the 2-page long order dated February 9, 2023 of Justice Anjani Kumar Sharan in Cr. Misc. No. 2413 of 2023 dated February 9, 2023, wherein considering all available materials, as petitioner was specifically alleged to cause stab wound due to which the injured sustained grievous injury, his prayer of anticipatory bail was rejected. At the time of the rejection of the first anticipatory bail rejection, there was no compromise between the parties. 

The second anticipatory bail petition was preferred on the sole ground that now this matter was compromised between the parties. The counsel appearing on behalf of the petitioner had submitted before the High Court that the occurrence was free-fight in nature and petitioner’s side had also received injury during the occurrence. It was also submitted that now the petitioner was selected in Group ‘D’ service of Indian Railway, therefore, in view of compromise, sending the petitioner to jail would not serve any purpose of justice. 

In support of his submission, the counsel had relied upon para 22 of the decision in Naushey Ali vs. State of U.P. reported in 2025 SCC OnLine SC 292. Para-22 of the judgment reads:- “22. In Ramgopal v. State of M.P. (2022) 14 SCC 531, Surya Kant, J. speaking for this court, in a case involving a charge under Section 326 IPC, while annulling the proceedings, felicitously set out the statement of law and applied it to the facts of the said case as under:-“19. We thus sum up and hold that as opposed to Section 320 CrPC where the Court is squarely guided by the compromise between the parties in respect of offences “compoundable” within the statutory framework, the extraordinary power enjoined upon a High Court under Section 482 CrPC or vested in this Court under Article 142 of the Constitution, can be invoked beyond the metes and bounds of Section 320 CrPC. Nonetheless, we reiterate that such powers of wide amplitude ought to be exercised carefully in the context of quashing criminal proceedings, bearing in mind: 19.1. Nature and effect of the offence on the conscience of the society;
19.2. Seriousness of the injury, if any;
19.3 Voluntary nature of compromise between the accused and the victim; and
19.4 Conduct of the accused persons, prior to and after the occurrence of the purported offence and/or other relevant considerations.
20. Having appraised the aforestated parameters and weighing upon the peculiar facts and circumstances of the two appeals before us, we are inclined to invoke powers under Article 142 and quash the criminal proceedings and consequently set aside the conviction in both the appeals. We say so for the reasons that:
20.1. Firstly, the occurrence(s) involved in these appeals can be categorised as purely personal or having overtones of criminal proceedings of private nature. 
20.2. Secondly, the nature of injuries incurred, for which the appellants have been convicted, do not appear to exhibit their mental depravity or commission of an offence of such a serious nature that quashing of which would override public interest.
20.3. Thirdly, given the nature of the offence and injuries, it is immaterial that the trial against the appellants had been concluded or their appeal(s) against conviction stand dismissed.
20.4. Fourthly, the parties on their own volition, without any coercion or compulsion, willingly and voluntarily have buried their differences and wish to accord a quietus to their dispute(s).
20.5. Fifthly, the occurrence(s) in both the cases took place way back in the years 2000 and 1995, respectively. There is nothing on record to evince that either before or after the purported compromise, any untoward incident transpired between the parties.
20.6. Sixthly, since the appellants and the complainant(s) are residents of the same village(s) and/or work in close vicinity, the quashing of criminal proceedings will advance peace, harmony, and fellowship amongst the parties who have decided to forget and forgive any ill will and have no vengeance against
each other.
20.7. Seventhly, the cause of administration of criminal justice system would remain un-effected on acceptance of the amicable settlement between the parties and/or resultant acquittal of the appellants; more so looking at their present age.”

Supreme Court's order vindicates the position of petitioner's the counsel Prateek Tandon and the persuasive value of the decision in Naushey Ali vs. State of U.P. reported in 2025 SCC OnLine SC 292. It is apparent that Supreme Court has rejected the submission made by Nand Kishore Prasad, APP which is recorded in the order by Justice Jha. Unlike the High Court, the Supreme Court was not persuaded by APP's reasoning. 

Monday, August 17, 2026

Supreme Court refuses to interfere with Patna High Court's verdict after 36 years, despite finding it "strange" that Justice V N Sinha convicted Ajab Rai under Section 307 in breach of Explanation 2 to Section 299, although Ramadhar Rai died because of injury

In Rasik Lal Rai vs. The State of Bihar & Ors. (2026), Supreme Court's Division Bench of Justices Manoj Misra and Vijay Bishnoi passed a 6-page long order dated August 12, 2026, wherein, it concluded:"...in our view, the conviction of the accused for the offence punishable under Section 302  IPC would not be proper. Even if we assume that the head injury was caused by the accused, there was no underlying fracture and, therefore, in absence of intention to cause death or of causing such bodily injury which in ordinary course is sufficient to cause death, an offence not graver than 304 Part II would be made out. However, what is strange is that if the High Court was of the view that there was no intention to cause death or of causing such bodily injury which in ordinary course is sufficient to cause death, once the person died there was no occasion to convict him under Section 307 IPC."

Supreme Court's order reads: "24. In our view, the accused besides other offences ought to have been convicted for offences punishable under Section 324 IPC, for causing injuries to the three injured persons, and under Section 326 IPC for causing injury to the deceased, read with Section 149 of IPC. This we say so because the head injury, which, according to PW11, caused the death, was not noticed in the initial medical examination of the deceased. For the sake of completeness, even if we accept that head injury was caused by the accused, the offence will not travel beyond 304 Part II of IPC in as much as it was a solitary blow with no underlying fracture. In absence of any appeal from the convicted accused, without disturbing conviction under other provisions, we deem it appropriate to alter the conviction of the accused-respondents from Section 307 IPC to Sections 324 and 326 IPC read with Section 149 IPC. 25. However, having regard to the fact that the incident is of the year 1990, and now more than 36 years have passed, we do not wish to interfere with the direction of the High Court that all sentences would stand reduced to the period of sentence already undergone. 26. The appeal stands disposed of in the aforesaid terms."

Rasik Lal Rai, the informant/complainant had appealed against the judgment dated March 24, 2015 authored by Justice V.N. Sinha of Patna High Court passed in three connected proceedings i.e., Government Appeal (DB) No.11 of 1993, Criminal Appeal No.309/1992 and Criminal Revision No.145/1993 preferred against the judgment and order of Second Additional Sessions Judge, Samastipur dated 08.12.1992 in Sessions Trial No.42/32 of 1991/92.

Supreme Court observed: "14. What is interesting is that the head injury which was found to be the cause of death was not noticed by PW9 when he had examined Ramadhar on the date of incident. 15. Based on the evidence led in the course of the trial, the Trial Court acquitted all accused of the charge of murder on the ground of serious inconsistency in medical evidence. Ajab Rai was, however, convicted under Sections 109/307 of IPC."  

The State had filed an appeal against acquittal of the accused from the charge of murder by the trial court, both simpliciter qua Ajab Rai and with the aid of Section 149 IPC qua other accused. The informant (the appellant before the Supreme Court) had filed a revision petition because at that time there was no right of an appeal to the victim. Even the convicted accused had preferred an appeal. The two appeals and the revision were decided by common impugned judgment and order dated March 24, 2015.

The informant/complainant was aggrieved by the order of the High Court, therefore, he approached the Supreme Court. 

Supreme Court recorded:"No appeal has been preferred either by the State or the convicted accused."

The submission on behalf of the appellant was that there was no occasion for the High Court to convict the
accused under Section 307 IPC when the person injured had succumbed to the injuries. In such circumstances, the conviction ought to have been under Section 302 IPC. In support of this  submission, the counsel for the appellant pointed out Explanation 2 to Section 299 of the IPC which provides that where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skillful treatment the death might have been prevented. It was submitted that mere fact that the injured remained under treatment for 11 days would not change the gravity of the offence because the person died on account of the injuries sustained in the incident and, therefore, it would be a case of murder inasmuch as the injuries were caused with an intention to cause death
.

Supreme Court recorded:"Admittedly, the Autopsy Surgeon in its deposition has indicated that death was a consequence of the head injury." 

Supreme Court observed: "Admittedly, the deceased was hospitalized, and he remained in hospital for over 11 days. The autopsy report indicates an injury on the head. This specific injury was not noticed in the earlier medical examination. There is no explanation for this discrepancy in the prosecution evidence. Therefore, in absence of any clarificatory evidence from the prosecution side that this injury was present, though inadvertently overlooked by the doctor at the time of initial medical examination, the benefit of doubt would have to go to the accused as to whether that injury was caused by them. In such circumstances, it cannot be said with certainty that the sole fatal injury found on the body of the deceased was attributable to Ajab Rai or any of the accused persons."

Earlier, in The State of Bihar vs. Ajab Rai & Ors. (2015), Patna High Court's Division Bench of Justices V.N. Sinha and Ahsanuddin Amanullah had delivered a 8-page long judgement dated March 24, 2015, wherein, it concluded:"we are of the view that in view of the evidence on record, both ocular and medical, the offence proved in the present case is Section 307 and not 302 of the Penal Code. The court below has rightly held the respondents in the Government Appeal and appellants in the Cr. Appeal guilty of the offence under Section 307 and other allied Sections of the Penal Code and sentenced them accordingly. In the circumstances, we do not find any merit either in the Government Appeal or in the Cr. Appeal or in the Cr. Revision, which is dismissed. The sentence imposed on the respondents under the impugned judgment is modified to the extent that the period already undergone by them during trial as also during pendency of the appeal will meet the ends of justice. In the result, impugned conviction is upheld with modification in sentence." The judgement was authored by Justice Sinha. 

The Division Bench delivered the judgement upon hearing the Government Appeal, Cr. Appeal and Cr. Revision arise out of judgment dated December 8, 1992 passed by 2nd Additional Sessions Judge, Samastipur in sessions trial of 1991/92, whereunder respondents in the Government appeal, appellants in Cr. Appeal were held guilty of the charge under Sections 307, 148 of the IPC. Under Section 148 of the IPC all the convicts have been directed to suffer rigorous Imprisonment for one year. The appellants Ajab Rai, Vishwanath Rai, Indradeo Rai were directed to suffer rigorous imprisonment for seven years under Section 307 of the Penal Code. The appellant Ajab Rai were also convicted for the offence under Section 109 of the IPC, and directed to suffer rigorous imprisonment for three years. The appellants Anil Rai, Gajendra Rai and Surendra Rai were directed to suffer sentence of three years rigorous imprisonment under Section 307 of the IPC. The appellants Anil Rai, Vishwanath Rai and Gajendra Rai were also  convicted for the offence under Section 342 of the IPC  and directed to suffer rigorous imprisonment for one year. The sentences were directed to run concurrently. 

The prosecution case, as set out in the First Information Report of informant Rashik Lal was that while he was returning to his house from his forecourt situate in Villge Chandpur Dhamaun, Police Station- Patori, around 12:30 noon on July 15, 1990, reached near the entrance, the accused persons variously armed with lethal weapons like Lathia, Gandasa, spear, firearms attacked him on the orders of accused No. 1 Ajab Rai causing grievous injury, he fell down. Hearing the alarm of Rashik Lal, his nephew Ramadhar Rai who came running to save his uncle, was caught by Indradeo Rai, Vishwanath Rai and Anil Rai, Ajab Rai inflicted Gandasa blow causing head injury to the nephew. Vishwanath Rai also gave spear blow to Ramadhar Rai after he fell down. While the assault was on, Fakira Rai also arrived and was assaulted by Indradeo Rai with spear on his head, Surendra Rai with lathi causing grievous injury. The wife of Fakira Rai, Dayawati who intervened to save them, was also assaulted with lathi, gandasa by Ajab Rai causing injury on her left leg, whereafter she also fell down. While the assault on the men folk of the prosecution party was on, the female inmates of the house of the accused persons entered the house of the informant, carried away a box containing gold ornament and silver utensil worth Rs. 2500/-, clothes. The female inmates also carried away five bags of wheat causing damage to the belongings of the informant kept inside the house. The villagers named in the fardbeyan also came, saw the occurrence. The fardbeyan was recorded in the same evening at 8:00 P.M. by K. D. Singh, A.S.I., Town Police Station, Samastipur in Sadar Hospital which was forwarded to Patori Police Station where Patori P.S. Case was registered on July 17, 1990 for the offence  under Sections 307, 380 and other allied Sections of the IPC against Ajab Rai and nine others including the five who were put on trial along with Ajab Rai. During investigation of the case Ramadhar Rai died on July 26, 1990 while in treatment at P.M.C.H. The police submitted charge-sheet only against six who were put on trial.  

In support of the charge, prosecution examined 15 witnesses including three Medical Officers and two Police Officers. P.Ws. 7, 12 and 13 are formal witnesses as they have proved First Information Report, endorsement on the fardbeyan and endorsement on the Inquest Report. The seven other witnesses are the eye-witnesses of the occurrence including informant Rashik Lal Rai (P.W. 3), Fakira Rai (P.W. 6) and Dayawati Devi (P.W. 8). 

The trial court considered the evidence on record i.e. evidence of informant and the other two eye-witnesses as also the evidence of the Investigating Officer (P.W. 10) and the doctors (P.Ws. 9, 11 and 15) concluded that the prosecution case of assault, as deposed by the witnesses in court including the official witnesses i.e. the Medical Officer who examined the three injured and one deceased, offence under Section 302 of the IPC was not made out as accused persons used the firearm like a lathi, assaulted the injured with butt of the gun and other traditional weapons. One of the injured, nephew of the informant, Ramadhar Rai died after 11 days of the occurrence of the injury. From the post mortem report it did not appear that the accused persons who assaulted him had any intention to kill Ramadhar Rai.

The counsel of the appellants in criminal appeal had assailed the trial court judgment with reference to the evidence of the informant, the two injured and submitted that close perusal of their evidence would indicate that none of the three, either the informant or the two injured, were witness of the complete occurrence as from their version it would appear that they saw the occurrence only in part but deposed as eye-witness of the entire occurrence which does not appear to be true. 

The counsel had also submitted that even accepting the prosecution version, as set out and proved by the prosecution party, the offence under Section 307 of the Penal Code was not made out as none of the appellants had any intention to kill either Ramadhar Rai or the informant or the other injured. At best the offence made out against them should have been under Section 326 of the IPC Code. In this connection, he also placed reliance on the injury, post mortem report of the deceased and injury report of the injured.

Ashwani Kumar Sinh and S.C. Mishra, the counsels for the State supported the judgment of trial court. The State submitted in support of the Government appeal that offence under Section 302 of the IPC was made out as Ramadhar Rai who came to save informant Rashik Lal was inflicted Gandasa blow causing head injury, nature whereof clearly establish that the intention of its author was to commit his murder as Ramadhar Rai was preventing the author of his injury from assaulting Rashik Lal. He also submitted that the evidence of the two injured also make out a case of murder and the appeal should be allowed, respondent Ajab Rai be convicted for the offence under Section 302 and others for the offence under Section 302/149 of the Penal Code.

Justice Sinha observed: "7. Having considered the rival submission of the learned counsel for the parties and the evidence of the informant as also the two injured, we are of the view that true it is that Ajab Rai inflicted gandasa blow on the person of Ramadhar Rai causing head injury but not only the nature of the said injury was simple but also there was no repetition of blow by Ajab Rai, further though the unlawful assembly was armed with firearm yet only the butt of the gun was used to inflict such injuries which can be caused by hard, blunt substance...." Rasik Lal Rai was also one of the appellants before the High Court.