SK. SOBRATI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants, above named, have challenged their conviction, in S. Tr. No. 291 of 2013 arising out of Falka P.S.CaseNo.03 of 2012 corresponding to G.R.No.33 of 2012, by learned 3rd Additional Sessions Judge, Katihar. By the impugned judgment and order of sentence dated 04/04/2018, the appellants were convicted under Ss. 376/511 I.P.C. and were sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 10,000.00. In default of payment of fine, six months imprisonment was imposed. The appellants are in custody since 04.04.2018, as such, have completed three years of imprisonment, out of total four years as awarded by the impugned judgment.

(2.) Initially, P.W.4, the prosecutrix filed a complaint case before the learned C.J.M., Katihar vide Complaint Case No.3250 of 2011 on 12.12.2011 for the act allegedly committed on 08/12/2011 at 6.30 P.M. On the same day, the learned Chief Judicial Magistrate, Katihar forwarded the complaint petition in exercise of power under Sec. 156(3) Cr.P.C. to Falka Police Station for registration of an FIR. Accordingly, the aforesaid Falka PS.CaseNo.03 of 2012 was registered. After investigation, the police submitted chargesheet under Ss. 323, 341,376/511 and 504/34 I.P.C. Accordingly, the appellants were put on trial for all the offences where under chargesheet was submitted. However, conviction has been recorded as aforesaid.

(3.) The prosecution case as disclosed in the complaint petition is that the complainant was working on her field which was taken on mortgage at Lalia Pawai Road. The complainant was bundling the paddy crops. The husband had left the field for taking food after harvesting the crop and the complainant alongwith her nine years daughter Parveena Khatoon (P.W.1) was completing the bundling of the crops. It was about 6.30 P.M. on 08/12/2011, when the two appellants came there, appellant-Sk.Ishaque took away to the child of the complainant to some hidden distance and appellant-Sk.Sobrati, on the point of firearm, forcibly ravished to the prosecutrix. The specific act committed by Sobrati is mentioned in the complaint petition. On alarm of the complainant, the appellants fled away. Thereafter, a Panchayati was convened on 09/12/2011 in the village but the appellants did not participate. Hence, the Panches advised complainant to go to the court. Accordingly, complaint case was filed. In the complaint petition, five persons including the husband of the complainant are named as witnesses but none has been produced by the prosecution during the trial.