QURBAN MIAN MD QURBAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) - This appeal directed against the Judgment and order of conviction and sentence passed Shri Roshan Lal Sharma, 5th Additional Sessions Judge, Nalanda in Sessions Trial No. 110 of 1997. The appellant was convicted under Section 376 as also under Section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and one month respectively. Both the sentences were directed to run concurrently.

(2.) The case of the prosecution, as recorded in the complaint petition of the victim. Quraisha Khatoon is that on 14-6-1996, at about 8 p.m., she had gone out of her house to ease herself in a field behind boring. Suddenly, the accused appellant Qurban and one unknown person pounced upon her and pressed her mouth. The unknown person was weilding a pistol in his hand who threatened to kill her. Thereafter, the accused appellant as also the unknown person subjected her to criminal assault one by one. When the complainant used to resist, she used to be fisted by the culprits on her mouth. After the alleged occurrence, both the culprits fled away and when they had gone away to some distance, she raised alarm which attracted the witnesses who saw the culprits in flight. The complainant disclosed the entire occurrence to the witnesses who had gathered there. The complainant did not go to the Police Station in the night of the occurrence out of fear. In the next morning at 5 a.m., she went to Bihar P.S. but her case was not entertained there. Subsequently, she filed her complaint petition in Court which was referred to the Police for investigation. The Police after investigating submitted charge-sheet and after cognizance and commitment, the appellant faced trial and was convicted and sentenced as stated above.

(3.) The accused denied the charge and alleged false implication and produced five DW5 from whose evidence it has been elicited that there was a hand pump in front of the house of the complainant which had gone out of order. The mohalla people wanted subscription to repair the same in which there was a quarrel between the accused appellant and the complainant in which she sustained injury on her eyes. Then, she threatened to implicate the accused in some case and the instant case was a sequel to the aforesaid incident.