Criminal Appeal (SJ) No. 97 of 2015. Case: Kusum Devi Vs The State of Bihar. High Court of Patna (India)

Case NumberCriminal Appeal (SJ) No. 97 of 2015
CounselFor Appellant: Umesh Chandra Verma, Advocate and For Respondents: Binod Bihari Singh, A.P.P.
JudgesAditya Kumar Trivedi, J.
IssueCode of Criminal Procedure, 1973 (CrPC) - Sections 313, 428; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 42(2), 52A, 55, 57
Judgement DateFebruary 14, 2017
CourtHigh Court of Patna (India)


Aditya Kumar Trivedi, J.

  1. Appellant, Kusum Devi @ Suman Davi has been found guilty vide judgment of conviction dated 07.01.2015 for an offence punishable under Sections 20(B)(ii)C, 22C of the NDPS Act and has been directed to undergo RI for 10 years as well as fined of Rs. 1 Lac and in default thereof, to undergo imprisonment for one year additionally under both counts independently with a further direction to run the sentences concurrently and further, the period of judicial custody having spent during course of trial be adjusted in terms of Section 428 of the Cr.P.C. vide order of sentence dated 09.01.2015 passed by 5th Additional Sessions Judge, West Champaran at Bettiah in connection with Trial No. 58/2011 (NDPS Case No. 340/2011) arising out of Narkatiaganj Rail PS Case No. 16/2011.

  2. PW-1, Birendra Kumar Paswan had recorded his own statement on 19.04.2011 (Ext-2) divulging the fact that on the same day at about 2.10 PM, a rumour floated with regard to falling of an unknown woman from a train bearing No. 12557 UP (Saptkranti Express) ahead of outer signal of Bhairoganj Station which was entered under Station Diary Entry No. 596 dated 19.04.2011 and then proceeded toward the place of occurrence along with a female Constable-464, Hasbun Nisa. He arrived at the place of occurrence at 4:00 PM. After arrival at the place of occurrence, he directed the female Constable to search the injured female who was unconscious and during course thereof, two packets of opium weighing 1/2 kg each was found tied with her waist. One purse was found containing Rs. 220, a ticket, SIM of AIRCELL, passport size five photographs, sheet of papers containing several mobile numbers kept in a Jhola along with petticoat and blouse for which seizure list was prepared. Then thereafter, victim was taken to hospital where injury report was prepared by him.

  3. On account of recovery of Narcotic Substance, Narkatiyaganj Rail PS Case No. 16/2011 was registered under different Sections of NDPS Act followed with investigation and after concluding the same, charge-sheet was submitted which ultimately led to the trial with ultimate conclusion, the subject matter of instant appeal.

  4. The defence case as is evident from the mode of cross-examination as well as statement recorded under Section 313 Cr.P.C. is that of complete denial. However, neither any DW nor any paper has been exhibited on behalf of defence.

  5. In order to substantiate its case, prosecution had examined altogether six PWs out of whom, PW-1 is Birendra Kumar Paswan, PW-2 is Binod Kumar, PW-3 is Hasbun Nisa, Constable PW-4 is Mohan Pandey, Seizure list witness, PW-5 is Brajesh...

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