JUBER ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is directed against the judgement dated 14.12.2006 and order of sentence dated 15.12.2006 passed by the learned Additional Sessions Judge-cum-Presiding Officer, Fast Track Court No. V, Kishanganj in Sessions Trial No. 603 of 2004 by which the Appellant Juber Alam was held guilty of committing the offence under Section 376 Indian Penal Code and was directed to undergo rigorous imprisonment for seven years.

(2.) The prosecution story is contained in the fardbeyan dated 07.06.2003 of Afjarunisha(P.W.3,) the daughter of Abul Hasan(P.W.4). It was stated by the prosecutrix that about one and half months prior to 7.6.2003, she had gone into the fields from her house which was about half kilometer away from her house. The kamat of Jainuddin, who happened to be the father of the present Appellant, was also located on that side of the village. At about 3 P.M. when she was picking up fuel- woods from the field when the present Appellant came and asked her to herd the goats belonging to the Appellant-back. Accordingly, P.W.3 stated that she went to herd the goats back to the kamat of the Appellant and while so doing, she was followed by the Appellant. At a lonely, secluded place, it is alleged by P.W.3, the Appellant attempted to commit rape upon her which was resisted by the lady. It is stated that the Appellant threatened her to kill and after putting her down on the ground committed rape upon her. The prosecutrix alleged that she was shouting for help, but because of the place being secluded and No. one being around there was none to help her out.

(3.) It was stated by the prosecutrix that she came weeping to her house and narrated the incident to her parents who went to the house of the Appellant to lodge a protest and to inform the parents of the Appellant about his the acts. When the father of the prosecutrix was about to leave for police station, the parents of the Appellant and their other son, Junaid and his wife besides others persuaded them to stop for the time being as the issue could be settled through a Panchayati and accordingly, a Panchayati was also convened. It is stated that the present Appellant confessed his guilt of committing the offence with the prosecutrix and a decision was taken that the Appellant would marry the lady and, accordingly, after fixing the dainmehar at Rs. 2,50,000/- her marriage was solemnized with the Appellant and the parents of the Appellant had promised to take the lady to their house in ten days time.