MOHD TARIKH ALIAS RUFFI Vs. STATE

JUDGEMENT

(1.) Appellant Mohd. Tarikh has been convicted for the offence punishable under Section 376(2)(f) IPC vide impugned judgment and order dated 3.3.1999 and vide order dated 4.3.1999 has been sentenced to undergo imprisonment for life. Appellant Mohd. Tulay has been likewise convicted for the offence punishable under Section 376(2)(f) IPC vide judgment and order dated 8.8.2006 and vide order on sentence dated 11.8.2006 has been sentenced to undergo imprisonment for life.

(2.) The two have been convicted on being held guilty of raping a minor girl named 'N' and, the reason why we have two impugned judgments is that appellant Mohd. Tulay had absconded and was declared a proclaimed offender. Co-accused Mohd. Tarikh suffered a trial and was convicted. Thereafter Mohd. Tulay was apprehended and sent to face a trial.

(3.) Since first trial was held in Session Case No. 135/1997 in which Mohd. Tarikh has been convicted, we shall be referring to the exhibits of the documents at said trial and would be referring to the testimony of the witnesses at said trial and wherever necessary we would note the discrepant testimony of the same witnesses at the second trial in Session Case No.63/2006 in which Mohd. Tulay has been convicted.