ABUL HASAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted for the offence under Section 376, IPC and has been sentenced to undergo rigorous imprisonment for 10 years. He has further been convicted for the offence under Section 302, IPC and sentenced to undergo imprisonment for life vide judgment and order dated 12.9.1995 passed by 1st Additional Sessions Judge, Araria in S.T. No. 294/603 of 1993/95.

(2.) THE case of the prosecution is that one Sk. Chhedi gave his fardbeyan on 23.4.1992 at 8 a.m. before the Officer -in - charge of Mahalgaon Police Station that on last Tuesday i.e. 21.4.1992 at about 6 p.m. his daughter Zubeda Khatoon @ Jubi aged about 10 years was returning from her Mama Sk. Nazir of village Kakora to her house Chilhania. On way under a Jack fruit tree she was raped and was killed. He learnt about the incident on 22.4.1992 at village Rampur from one Shabbir of village Kakora. He returned to his house and found his daughter dead. He expressed suspicion that labourers working in the field and the persons of village Bagh Nagar would have committed the offence.

(3.) THE defence of the appellant was that he was innocent and has falsely been implicated in the case.