2026:JHHC:18512 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 470 of 2005 ------ Bindu Yadav, Son of Indradeo Yadav, Resident of Village- Barwadih, P.S. – Ranka, Dist. Garhwa … .... …. Appellant Versus 1. The State of Jharkhand 2. Victim .... .... .... Respondents ------ For the Appellant : Mr. S.T. Sajid, Advocate Mr. Ashok Kumar, Advocate For the Resp. State : Mrs. Vandana Bharti, A.P.P. CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA JUDGMENT C.A.V. on 10.06.2026 Pronounced on 24.06.2026 1. Heard the arguments of learned counsel for the appellant and learned APP. 2. The instant criminal appeal is directed against the Judgment of conviction dated 16.02.2005 and Order of sentence dated 17.02.2005 passed in S.T. No. 158/2004 by learned Addl. Sessions Judge, FTC-IV, Garhwa, whereby and whereunder, the appellant has been held guilty for the offence under Section 376 of the IPC and sentenced to undergo R.I. for 8 years along with a fine of Rs. 1,000/- with default stipulation. Factual Matrix:- 3. The factual matrix giving rise to this appeal is that on 18.07.2003 at 8:00 PM, the informant was cooking food in her house, meanwhile, co-villager Bindu Yadav (present appellant) entered into the house of the informant, laid her on the ground and committed rape upon her. When, the informant raised alarm, her husband and co-villagers rushed towards the house of the informant and saw the accused (present appellant) who 2026:JHHC:18512 Cr. A (S.J.) No. 470 / 2005 2 succeeded to flee away. It is further alleged that accused Bindu Yadav is active extremist of P.W.G. Outfit and active member of troop headed by Naresh Yadav who threatened to kill, if informant lodge a case against him. On the basis of the fardbeyan of Informant, Ranka P.S. Case No. 68 of 2003 was registered for the offence under Section 376 of the IPC against the present appellant. After completion of investigation, charge-sheet was submitted against the appellant. The case was committed to the Court of Sessions, where S.T. No. 158 of 2004 was registered. The accused pleaded not guilty and claimed to be tried. 4. In the course of trial, altogether 9 witnesses were examined by the prosecution. P.W.-1 Informant (Victim) P.W.-2 Zasim Ansari P.W.-3 Ram Das Singh P.W.-4 Keshwar Singh P.W.-5 Jeev Nath Singh P.W.-6 Mustaqim Siddiqui P.W.-7 Dr. Puspa Sahgal P.W.-8 Sanjay Kumar Singh P.W.-9 S.I. Ram Baran Singh (I.O.) 5. Apart from oral testimony of the witnesses, several documentary evidence has also been adduced by the prosecution. 6. On the other hand, two witnesses have been examined by the defence. D.W.-1 Bohan Singh 2026:JHHC:18512 Cr. A (S.J.) No. 470 / 2005 3 D.W.-2 Sunar Baso Kuer 7. Apart from oral testimony of the witnesses, no documentary evidence has been adduced by the defence. The case of defence in the statement recorded under Section 313 Cr.P.C. is that the appellant is innocent and has falsely been implicated. 8. The learned trial Court after appreciating the evidence available on record held the appellant guilty for the offence under Section 376 of the IPC. Submissions on behalf of appellant: - 9. The learned counsel for the appellant assailing the impugned judgment of conviction has submitted that the learned trial Court has failed to appreciate the inordinate delay in lodging the F.I.R. as no reason has been explained by the prosecution. It is further submitted that learned trial Court has also failed in legal perspective and no clothes before police or Court has been produced showing the alleged commission of rape. It is also submitted that except P.W.-1 (Informant victim), all are hearsay witness and said nothing regarding the occurrence. Learned counsel further argued that as per medical report, no sign of recent sexual intercourse was found nor any mark of injury was shown on the body of the person which negatived the case of the prosecution In the alternative, learned counsel submits that the appellant is aged about 50 years and has now settled in his life and has remained in custody for more than half of the 2026:JHHC:18512 Cr. A (S.J.) No. 470 / 2005 4 sentence, therefore, the appellant has sufficiently been punished for his guilt. Hence, the sentence awarded to the appellant may be reduced to the imprisonment already undergone by him to meet the ends of justice in this case. Submissions on behalf of the State 10. Per contra, Learned APP has defended the judgment of learned trial Court on merits. So far as quantum of sentence is concerned, he has submitted that this case is stale one of the year 2003 and the appellant has sustained for about more than 4 years custody out of 8 years, hence appropriate order may be passed in the ends of justice. Analysis, reasons and decision: 11. I have gone through the record of case along with impugned judgment in the light of contentions raised on behalf of respective parties. 12. The sole point for determination in this appeal is “as to whether the impugned judgment of conviction and sentence of the appellant suffers from any error of law, which requires any interference in this appeal?” 13. It appears that the prosecutrix in her cross-examination has stated that the accused committed rape upon her at the place where she was cooking food. The accused did not take her on Cot. In her cross-examination, she has clearly stated that:- जहाँ मœ खाना बना रही थी वहीं बलाǽार िकया खिटया के पास नहीं ले गया वह मेरे मन से थोड़ी ना बलाǽार िकया 2026:JHHC:18512 Cr. A (S.J.) No. 470 / 2005 5 की मœ खिटया पर जाती Apart from this, the alarm raised by prosecutrix, immediately after the occurrence, has been proved by P.W.-2, P.W.-3, P.W.-4 and P.W.-5. The prosecutrix told P.W.-2, P.W.- 3, P.W.-4 and P.W.-5 that accused committed rape upon her, which has also been proved by these witnesses. Thus, the victim is very much reliable and proved her case beyond doubt. In the case of “Krishan Kumar Malik vs. State of Haryana, (2011) 7 SCC 130, the Hon’ble Apex Court held 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. In the instant case, after evaluating the deposition of victim along with the deposition of other witnesses, I am of the opinion that victim is absolutely trustworthy and unblemished. It further appears that defence has also examined two witnesses who have not supported the case of the defence of false implication. Therefore, the conviction of the appellant passed by the learned trial Court is upheld. 2026:JHHC:18512 Cr. A (S.J.) No. 470 / 2005 6 14. So far as the sentence of the appellant is concerned, it appears that the occurrence is of the year 2003 and since then, more than two decades have elapsed and the appellant is now leading a normal life who has suffered long agony of the trial and has remained in custody for about more than half of the sentence i.e. 4 years 3 months 15 days out of 8 years as awarded to the appellant, therefore, no useful purpose would be served by sending the appellant again in jail for sustaining the rest of the imprisonment. Hence, it appears expedient, in the ends of justice to modify/alter the sentence of the appellant. 15. Accordingly, the sentence of the appellant is modified to the extent of period already undergone by the appellant i.e. about 4 years 3 months 15 days. 16. Accordingly, this appeal is dismissed on merits with modification in sentence as stated above. 17. Appellant is on bail, hence, he is discharged from the liabilities of bail bonds. The sureties are also discharged. 18. Pending I.A(s), if any, is also disposed of, accordingly. 19. Let a copy of this judgment along with Trial Court Records be sent back to the court concerned for information and needful. (Pradeep Kumar Srivastava, J.) Jharkhand High Court, Ranchi Dated: 24/06/2026 Basant / NAFR Uploaded On: 25/06/2026