ZAHIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 366A, 368 and 373 of the Indian Penal Code and sentenced to five years rigorous imprisonment under each count by the Additional Sessions Judge, Kishanganj, in Sessions Trial No. 18 of 1996/Trial No. 2 of 1996 by a judgment dated 7.11.1996.

(2.) The Fard-beyan according to one Jahana Khatoon, daughter of one Abdul Gaira is that she has worked as a maid servant in the house of Md. Jaira and she had been taken by one Bibi Taimun wife of Md. Gaira at Barhatta to see her ailing mother. The Informant alleged that accused Momina Begum attempted to make her go to bed with another man but she foiled the attempt and raised hulla. The people of the locality came and assaulted Zahir and thereafter, Police came and rescued her.

(3.) During Trial, the prosecution examined eight witnesses out of whom PW-3 is the Prosecutrix herself and stated that she was the wife of the present Appellant and the case was completely false and she had been coerced into giving thumb impression by the local Police. She was declared hostile. PW-1, PW-2, PW-4 and PW-5 were also declared hostile. PW-7 is the Investigating Officer.