ILYAS @ BAGHWA, SON OF ABDUL AZIZ AND SADRE ALAM, SON OF ABDUL HAMID BOTH ARE RESIDENT OF VILLAGE CHHACHHUA, POLICE STATION BISFI, DISTRICT MADHUBANI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE two appellants have been found guilty under Section 313/ 120B of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for ten years by the 1st Additional Sessions Judge, Madhubani in Sessions Trial No. 119 of 1995/218 of 1996. The prosecution case as made out by the victim of this case who given her fardbayan on 07.07.1994 is that she was a divorcee, living with her mother. It is said that her husband had divorced her after three years of the marriage on the ground that her mother had not given her enough dowry. After her divorce, she was living with her mother and claims that Ilyas, appellant no. 1 began to visit her and forced her to have physical relationship with him after which the affair continued for several months. The informant realized that she was pregnant and disclosed this fact to her mother. She alleges that she was feeling unwell and at that time, Ilyas and Sadre Alam visited her and gave her some medicines. She claims that she took the pills and thereafter felt pain, which resulted in her losing the baby. Thereafter, the villagers were told, and a panchayat took place on 04.07.1994 at the doorstep of Noor Hasan. In the panchayat, it was decided that Ilyas should marry the informant, however, he disappeared from the panchayat and refused to marry the informant.

(2.) ON the basis of the said information, the trial commenced in which the informant and the mother were examined to prove the prosecution case. PW 3, Nasruddin, who is not mentioned in the First Information Report as one of the witness to the panchayat, has also come forward to claim that panchayat was held and it was decided that appellant no. 1 should marry the informant.

(3.) THE informant Afsana Khatoon has been examined as PW 1. According to her case, she had informed her mother regarding the physical relationship and her pregnancy. She claims that her mother was present when she was pressurized to take certain medicines, which is contrary to the case made out in the First Information Report, where she has stated specifically that nobody was present in the house when Ilyas and Sadre Alam gave her the pills to swallow. Regarding the Panchayat held, Afsana Khatoon claims that the Panches had directed the appellant no. 1 to marry her or to pay her a certain amount of money. She claims that she was given a sum of Rs. 6,000/ - by Ilyas. There is a suggestion that Sahid and Ezaz have enmity with the appellants and there are cases pending between them which has led to the filing of this case, which is completely false.