SHEIKH MOJIBUL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years.

(2.) THE prosecution case as alleged by the informant is that the daughter of the informant aged about fifteen years was raped by Sheikh Mojibul @ Sk. Mojibul by taking her in jute field when she had gone out to meet the call of nature at 6:00 P.M. in the evening on 29.06.1995. THE further case is that Shahanwaz Alam the cousin of the informant saw the occurrence and asked Sheikh Mojibul @ Sk. Mujibul why he is doing the occurrence then Sheikh Mojibul asked to go away else he will be killed. It is further alleged that at a distance of 50-60 feet east-west 7-8 persons including Nuruddin, Sk. Sadique, Sk. Shahanwaz standing on the road armed with Lathi and Danda. THEreafter Sk. Shahanwaz, the brother of the informant came running and informed the informant and made Halla that Sheikh Mojibul was committing rape. THEreafter the informant with co-villager went in Bahiyar but in the meantime the accused person had receded and then informant brought his daughter to his home and then the informant and his wife Noor Jahan enquired from the girl then she disclosed that Sk. Mojibul committed rape then the informant went to the house of Sk. Ishaque the father of the accused to complain but in vain.

(3.) AFTER considering the oral and documentary evidence the trial court acquitted the appellant of the charges under Section 306 of the Indian Penal Code and convicted the appellant under Section 376 of the Indian Penal Code on the supposition that there is possibility of deceased having been love and intimacy with Sheikh Mojibul and there is principle of voluntary sexual intercourse but since she was sixteen years old and hence the consent is irrelevant and so the accused is guilty.