QAMARUDDIN Vs. STATE

JUDGEMENT

(1.) Heard Sri Satyam Singh, learned Amicus Curiae for the appellant Qamruddin @ Qamru, learned A.G.A. for the State and perused the evidence available on record.

(2.) The appellant Qamruddin @ Qamru, son of Sayeed, resident of Village Bagsara, Police Station Anupshahar, presently residing in Mohalla Saraidhari, Police Station Kotwali, Bulandshahr, preferred this appeal challenging his conviction and sentence against the judgment and order dated 8.11.1982 passed by the Vth Additional Sessions Judge, Bulandshahr in Sessions Trial No. 256 of 1981-State Vs. Qamruddin @ Qamru, under Sections 366 and 376 I.P.C., Police Station Kotwali, District Bulandshahr whereby the appellant was convicted under Section 366 I.P.C. and sentenced to five years Rigorous Imprisonment with fine of Rs.2,000/- and in default of payment of fine, further Rigorous Imprisonment for two years. The appellant was also convicted under Section 376 I.P.C. and sentenced to six years Rigorous Imprisonment with fine of Rs.2,000/- and in default of payment of fine, further Rigorous Imprisonment for two years. Both the sentences were directed to run concurrently. Thus, by way of filing this appeal, the accused appellant Qamruddin @ Qamru challenged the validity/legality of the impugned judgment.

(3.) The prosecution case, in brief, is that the prosecutrix Smt. Ramzano PW-2 knew the accused Qamruddin @ Qamru prior to the incident of rape. The accused Qamruddin @ Qamru was residing with his brother-in-law Abdul Gaffar in same Mohalla as that of the prosecutrix, namely, Saraidhari, Police Station Kotwali, District Bulandshahr and was working in the flour mill of his brother-in-law Abdul Gaffar and as such, he was also known to the complainant Abdul Rasheed and his daughter Smt. Ramzano. It is further alleged that 10-12 days prior to the alleged occurrence, Smt. Ramzano was married to one Mohd. Haneef, resident of town Hapur and after 3-4 days prior to this occurrence, Smt. Ramzano came back to the house of her father. On 19.3.1979, the complainant Abdul Rasheed had gone to town Sikandrabad, District Bulandshahr for some work and prosecutrix was in her house along with her mother. On 19.3.1979 at about 1.00 P.M., the prosecutrix went alone to see exhibition in the exhibition ground and while she was coming back from exhibition, the accused Qamruddin @ Qamru met her in the way near Meerut Bus Stand, Bulandshahr at about 3.00 P.M. and took her in a Bus by terrorising her with a knife. She was taken by the said bus about two miles away from town Gulaothi in the jungle, where she was kept in the intervening night of 19/20.3.1979 and he committed rape on her in the jungle. In the afternoon of 21.3.1979, she was taken to village Moonda Kalan, Police Station Dhaulana, District Ghaziabad where she stayed with the accused in the courtyard of house of Islam, brother-in-law of the accused Qamruddin @ Qamru, as his house was found locked. The first informant returned to his house on 19.3.1979 from Sikandrabad and enquired about his daughter Ramzano from his wife, who told him that Smt. Ramzano had gone to see exhibition and had not come back. The first informant made search for his daughter and on 20.3.1979 he was informed by Bhoop Singh (PW-3) and Babu Khan (PW-4) that they had seen Smt. Ramzano in the company of accused Qamruddin @ Qamru on 19.3.1979 at about 3.00 P.M. near Meerut Bus Stand, Bulandshahr, then the first informant got scribed a written report (Ext. Ka-1) from one Shafi and handed it over at the police station Kotwali, Bulandshahr on 20.3.1979 at about 7.30 P.M. On its basis, a case against the accused Qamruddin @ Qamru was registered.