Patna High Court
KARU KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court held that the appellant is entitled to bail and the sentence order is set aside pending the appeal.
Summary
The appellant Karu Kumar appealed against his conviction for rape, wrongful restraint and causing hurt under IPC sections 376, 341 and 323, and for offences under section 3(i)(xi) of the SC/ST Act. He sought bail under Section 389(1) of the CrPC and suspension of his sentence, arguing that the victim, a 75‑year‑old woman, died before giving testimony and that there was no medical corroboration, the prosecution witnesses were hearsay, and the forensic report on the victim's clothing was not proved by competent testimony. The State and the informant opposed the bail. The High Court, after considering these submissions, held that the lack of direct victim testimony and the questionable forensic evidence created reasonable doubt about the safety of the conviction. Consequently, the court allowed the bail application, set aside the sentence order dated 22‑12‑2021, and ordered the appellant to be released on bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether bail should be granted to the appellant under Section 389(1) of the CrPC pending the appeal against conviction.
- Whether the conviction is safe in view of the absence of the victim's testimony, lack of medical corroboration, and reliance on hearsay witnesses.
- Whether the forensic report on the victim's clothing is admissible without competent witness testimony.
- Whether the sentence order should be suspended or set aside pending the appeal.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 389(1)
- Indian Penal Code — s. 323, 341, 376
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(i)(xi)
Subjects
- bail
- rape
- SC/ST Act
- conviction
- forensic evidence
- victim testimony
- appellate court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.538 of 2022
Arising Out of PS. Case No.-137 Year-2015 Thana- GAURICHAK District- Patna
======================================================
KARU KUMAR S/o Arun Singh @ Arun Kumar Singh Resident of Village-
Jaiwar, P.S.- Gaurichak, District- Patna.
... ... Appellant/s
Versus
1. THE STATE OF BIHAR
2. Ajit Das Late Pokhan Das Resident of Village- Jaiwar, P.S.-Gaurichak, P.S.-
Gaurichak, District- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Krishna Pd. Singh, Sr. Advocate
Mr.Bhaskar Shankar, Advocate
For the State : Mr.Sadanand Paswan, Spl. P.P.
For the Informant : Mr.Anjani Kr. Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 03-02-2026 1. Heard learned Senior Counsel for the appellant,
learned APP for the State and learned counsel for the informant.
2. The matter has been placed before this Court for
consideration of the appellant’s bail prayer made under Section
389(1) of Cr.P.C. and suspension of his sentence during the
pendency of the appeal.
3. This appeal has been preferred against the judgment
of conviction dated 20.12.2021 and order of sentence dated
22.12.2021 passed by the Court of learned Additional District
Judge-III-cum-Special Judge, SC/ST Act, Patna in connection with
Special Case No. 106/2015 arising out of Gaurichak P.S. Case No.
137 of 2015, whereby and whereunder the appellant has been
convicted for the offences punishable under sections 376, 341 and
Patna High Court CR. APP (SJ) No.538 of 2022(7) dt.03-02-2026
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323 of the Indian Penal Code and under section 3(i)(xi) of SC/ST
Act and sentenced for the said offences.
4. Mr. Krishna Pd. Singh, learned Senior Counsel for
the appellant submits that the alleged victim was a 75-year-old
lady at the time of commission of the alleged occurrence.
Critically, she died before recording her evidence in court.
Consequently, the appellant was convicted mainly on the basis of
other evidences rather than on the direct testimony of the victim
herself. This absence of the victim’s testimony significantly
weakens the prosecution’s case and raises serious doubts about the
reliability of the conviction.
5. Learned Senior Counsel for the appellant further
contends that the Doctor who examined the victim did not find any
corroborative evidence to support the allegation of rape. This lack
of medical corroboration is a crucial factor that undermines the
prosecution’s case. Additionally, the other non-official witnesses
of the prosecution are merely hearsay witnesses who did not
directly witness the alleged incident. Learned Senior Counsel
submits that the victim died approximately one year after the
commission of the alleged occurrence and her death was natural,
further emphasizing that her testimony was never recorded.
6. Learned Senior Counsel also challenges the FSL
report which contains the opinion of serological analysis with
Patna High Court CR. APP (SJ) No.538 of 2022(7) dt.03-02-2026
3/3
regard to the cloths of the victim. This report was not proved by
competent witness testimony, and therefore the same cannot be
treated as admissible evidence against the appellant. The failure to
properly establish this forensic evidence through appropriate
witness examination renders it inadmissible and unreliable.
7. Mr. Sadanand Paswan, learned APP appearing for the
State has opposed the prayer for bail of the appellant.
8. Mr. Anjani Kr. Sinha, learned counsel for the
informant has also opposed the prayer for bail of the appellant.
9. Considering the aforesaid submissions advanced on
behalf of the parties and the fact that the appellant has already
undergone more than half of the sentence, this application is
allowed and the order of sentence dated 22.12.2021, is hereby set
aside.
10. Let the appellant, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- with two sureties of the
like amount each to the satisfaction of the learned Additional
District Judge-III-cum- Special Judge, SC/ST Act, Patna in Special
Case No. 106/2015 arising out of Gaurichak P.S. Case No.
137/2015.
(Sandeep Kumar, J)
tusharika/-
U T
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