STATE Vs. ZAHRUL SHEIKH

JUDGEMENT

(1.) FARD BAYAN (STATEMENT OF THE SABITA (NOT REAL NAME):

(2.) ON April 8, 2010 at about 4.45 AM Sabita recorded her statement at her residence by D.J. Rao. Sub -Inspector of Pahargaon Police Station. Sabita was residing with her family in a rented house at Austinabad. The family used to cultivate vegetables in the field of their house owner Hari Krishna. The husband of Sabita used to go for fishing. On April 8, 2010 while her husband was out for fishing and the lady was residing in her house with her children, at about 2.30 AM the accused Zohrul entered in her room and lifted the mosquito net and forcibly caught hold of her in order to fulfill his "Ulterior motive". She suddenly woke up and shouted for help. She got the smell of beedi that had come out of the mouth of the accused. She pushed the man while she felt the beedi smell. The accused put his hand on her mouth preventing her from raising alarm. In the meantime, Deepika (PW 2) woke up and started crying and shouting. Sabita felt, the person was naked. The person got afraid and tried to escape. She took her torchlight kept under her pillow and identified the persons as Zohrul Sheikh, her neighbour. Zohrul took advantage of her husband's absence and entered her house with bad intention. On the basis of such compliant, a case was initiated against Zohrul under sections 376/511/353/450/457 of the Indian Penal Code.

(3.) THE accused was arrested when he pleaded not guilty and faced trial.