MATIUR RAHMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Matiur Rahman has questioned the correctness of his conviction by judgment dated 27.02.2020 and order of sentence dated 03.03.2020 passed by learned Additional District Judge cum Special Court, Katihar in Sessions Trial No. 548 of 2004 arising out of Ajam Nagar P.S. Case No. 16 of 2004.

(2.) By the judgment under challenge, the appellant was found guilty for the offences under Sections 450 and 376 of the Indian Penal Code and has been ordered to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 10,000/- for the offence under Section 450 IPC and to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 40,000/- for offence under Section 376 IPC. The amount of fine would go to the victim and the sentences have been ordered to run concurrently. In default of payment of fine, rigorous imprisonment of one year has been awarded.

(3.) The prosecution case as disclosed in the written report, dated 26.02.2004 of PW-6 Md. Qurban Ansari, is that the informant was away, from his home in village-Brahmain, P.S.- Ajam Nagar, District-Katihar, in connection with his livelihood. On 23.02.2004 at about eleven in the night, his daughter aged about 15 years was in the house. The appellant, all of a sudden, entered into the house and ravished her at the point of pistol and dagger. The victim became unconscious. When the people of nearby came there, the victim narrated the incident. The written report is as exhibit-1 on the record.