MANOWWAR ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant-Manowwar Alam @ Manowar Alam @ Guddu has challenged the judgment of conviction dated 16.05.2018 and order of sentence dated 19.05.2018 passed in Sessions Trial No. 442 of 2015 corresponding to C.I.S. No. 257 of 2015 arising out of Kishanganj P.S. Case No. 465 of 2011. The appellant was found guilty for offences under Sections 376, 366(A) and 372 of the Indian Penal Code and rigorous imprisonment of ten years along with fine of rupees twenty thousand was awarded for each of the above referred offences. In default of payment of fine, one year rigorous imprisonment was ordered. The sentences of imprisonment are to run concurrently.

(2.) The prosecution case as disclosed in the written report dated 17.11.2011 lodged with Kishanganj Police Station by Mr. Jasimuddin (P.W.2) is that his minor daughter, aged about fifteen years, was a student of Class-IX. On 09.11.2011, she had gone to take tuition as usual but she did not return in the evening and after hectic search, her whereabout could not be traced. Hence, a report was submitted to the police station on 11.11.2011. Later on, the informant came to know that the appellant resident of village Dhanpura had induced her to go with him. A mobile call came from the victim who reported that Guddu had handed over to her to one Mukhtar and Mukhtar forcefully married with her and established physical relation with her. Mukhtar was in Chandigarh. She further disclosed that on promise of marriage, Guddu boarded her on train and got her married with Mukhtar. The informant suspected that the victim has been thrown into flesh trade. The written report is Ext. 1.

(3.) On recovery, the victim was medically examined on 03.12.2011 and her statement under Section 164 Cr.P.C. was recorded on 07.12.2011. In her statement under Section 164 Cr.P.C., the victim-girl disclosed that three months back, she had come to the house of her uncle (Khala). In the market, Md. Guddu @ Manowwar Hussain (appellant) met her. Thereafter, the appellant used to meet her off and on and stated that he is an Advocate Clerk in the Court. Appellant further expressed that he loves her and promised to marry with her. The appellant provided her a mobile phone and used to talk with her on mobile phone. On 09.11.2011, appellant took her to Islampur on a bus. At Islampur, another Guddu met. Thereafter, the three took meal in a hotel and the appellant took her to his village Dhanpura where father of the appellant was also there. The father asked the appellant to take her to the house of her uncle. Then the appellant took her to the house of his uncle. In the night, the appellant was in physical relation with her. Thereafter, the appellant with the help of Irfan got two new suits for the victim and took her to Pachim Pali. Again, the second "Guddu" accompanied her and took her to Kishanganj railway station and from there they boarded Mahananda express for Delhi and from Delhi to Chandigarh. At Chandigarh, they reached at the house of Babalu. Babalu had three wives and all were engaged in prostitution. One Sahnaz, a girl disclosed to the victim that on the pretext of love, the victim was brought there for flesh trade. Thereafter, anyhow, the victim escaped to the house of her cousin Amir who was in Chandigarh itself.