Rape Of Minor: Patna High Court Rejects Plea Moved By Ex-MLA Rajballabh Yadav For Suspension Of Life Sentence

The Patna High Court has rejected an interlocutory application under Section 389(1) CrPC for suspension of sentence moved by ex- MLA Rajballabh Yadav, who is serving life sentence in the rape case of a minor. The application was moved during the pendency of appeal against the conviction order.A division bench of Justice Ashwani Kumar Singh and Justice Harish Kumar ordered,"Regard being had to the gravity of the offence, the role played by the appellant, an ex-MLA, in the commission of the offence upon a minor girl and the person against whom there is a lessor charge has been refused bail by this Court, we are not inclined to grant bail at this stage."The accused Rajballabh Yadav has been convicted for the offences punishable under Sections 376 of the Indian Penal Code and Sections 4 and 8 of the Protection of Children from Sexual Offences Act and sentenced to undergo imprisonment for life.The trial court has not awarded any separate sentence for the offence punishable under Section 4 of the Protection of Children from Sexual Offences Act. The prosecution case is based on the written report submitted by the victim, who was examined during trial. In her written report, she has stated that she along with her two elder sisters and a younger brother was residing in the house of Bisundeo Kumar on rent at Garhpar (Professor Colony). Sulekha Devi was also residing in the same mohalla with whom she has good relation. On 06.02.2016, at 4 P.M., said Sulekha Devi requested her to join a birthday party near Bharao Chowk. She took permission from her elder sister and went along with Sulekha Devi and her daughter Chhoti. They took her firstly at Ramchandrapur Bus Stand and from there they took bus of Bhakhtiarpur. When she inquired that where they were going, Sulekha Devi told her that she would take her mother also for participating in the birthday party. Thereafter, they reached at Bakhtiarpur where a Bolero vehicle was parked from before. After staying there for sometime, she along with Sulekha Devi and her mother sat in the Bolero vehicle. They reached at Giryak in between 11:00 and 11.30 P.M. As it was pitch dark, she could not read the name of the occupant of the building in which she was taken. It was a four storied building at Giriyak. After sometime, a person aged about 40-50 years came there and started taking wine along with Sulekha Devi. She was also offered to drink, but she refused. There were 4-5 persons guarding the said house. After drinking, Sulekha Devi unclothed her, pushed her on bed, caught her hand, inserted cloth in her mouth and the man, who was taking wine raped her. Thereafter, Sulekha Devi took her to another room and in the morning, she dropped her at her house. She stated that she saw Sulekha Devi receiving Rs.30,000/- from the man, who had committed rape upon her. After the victim came back to her house, she disclosed about the incident to her elder sister who informed her father. After coming to know about the occurrence, her father came and took her to the police station where she submitted her written report. She claimed that she would identify the person who committed rape upon her and the persons who were guarding the house. On the basis of the aforesaid written report, Nalanda Mahila Police Station drew up a formal first information report and registered the case.On completion of investigation, charge-sheet was submitted against the appellant and five persons under Sections 366A, 376, 370, 370A, 212, 420, 109, 120B of the Indian Penal Code and Sections 4, 8 and 17 of the Protection of Children from Sexual Offences Act and Sections 4, 5 and 6 of the Immoral Traffic Act.In support of its case, the prosecution examined twenty witnesses. The prosecution also proved documentary and electronic evidence as well as material exhibits in support of the charges.The defence also examined altogether 15 witnesses in support of its case. It also produced several documents to prove innocence of the accused persons.Before the court, Advocate Sanjeev Sehgal, appearing for the appellant, submitted that the impugned judgment passed by the Special Judge, MP, MLA & MLC Court is erroneous. He submitted that the impugned judgment suffers from perversity of approach. The testimony of the prosecutrix was not one of sterling quality and unimpeachable character so as to form the basis of a conviction. The investigation of the case was perfunctory. The investigating authorities did not ask the prosecutrix to point out the place of occurrence where actually the alleged occurrence had taken place. They did not seek to verify in which vehicle the prosecutrix was taken to the place of occurrence and in which vehicle she was dropped at her house. "In medical examination, no injury on the private part of the prosecutrix was detected and the swab of the private part of the prosecutrix was taken and examined in which spermatozoa was not...

Rape Of Minor: Patna High Court Rejects Plea Moved By Ex-MLA Rajballabh Yadav For Suspension Of Life Sentence

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Rape Of Minor: Patna High Court Rejects Plea Moved By ​​Ex-MLA Rajballabh Yadav For Suspension Of Life Sentence

Brij Nandan

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Rape Of Minor: Patna High Court Rejects Plea Moved By Ex-MLA Rajballabh Yadav For Suspension Of Life Sentence

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