NASIM MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been preferred to challenge the correctness of the judgment of conviction and the propriety of order of sentence passed by the learned Presiding Officer, Fast Track Court No. 2, Madhubani in S.T. No. 243 of 2003 on 18th May, 2005 by which the solitary appellant was found guilty of committing offences under sections 363, 366A and 376 IPC. The appellant was directed to suffer R.I. for two years and pay a fine of rupees one thousand for his conviction under section 363 IPC while he had to undergo R.I. for four years as also to pay a fine of rupees one thousand for his conviction under section 366A IPC. As regards his conviction under section 376 IPC, the appellant was to suffer R.I. for eight years and was also to pay a fine of rupees one thousand. The learned trial judge has directed that if the appellant defaulted in making payment of the fine imposed upon him, he shall have to undergo imprisonment for one month while directing that the sentences were to run concurrently.

(2.) THE prosecution case was that the prosecutrix Dulari Kumari (P.W. 9) who was the daughter of the informant Nand Lal Thakur (P.W. 7) was taken away by the present appellant while she was drawing water from the tube -well for being subjected to sexual intercourse. The FIR was drawn up on the basis of the written report and the case was investigated and ultimately, the appellant was sent up for trial.

(3.) IT appears from the evidence of the prosecution that the lady was recovered from a house in Delhi along with the present appellant. She was produced before a magistrate and her statement under section 164 Cr.P.C. was recorded besides she was examined by Dr. Nirmala Kumari (P.W. 10) on 17.3.2004. The doctor found the prosecutrix (P.W. 9) aged above 18 years and she further found that the lady was habituated to sexual intercourse.