NASIM MIAN AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals arise out of a case instituted by Parshuram Singh, father of the victim girl Sangita Kumari. There are two separate judgments by the Trial Court convicting the appellant Nasim Mian and Jameel Mian @ Md. Jameel Mian. There are two sets of evidences in this case. However, this Court is considering the two judgments and the evidences together and disposing of these two appeals by this common judgment. The 2 nd Additional Sessions Judge, Aurangabad by judgment dated 9.3.2000 has convicted Nasim Mian to undergo R.I. for a period of eight years for an offence under Section 376 of the Indian Penal Code. The appellant has also been convicted under Section 366 of the Indian Penal Code and he has been further directed to pay a fine of Rs. 5,000/-. By the judgment dated 15.3.2000 the 2 nd Additional Sessions Judge, Aurangabad has acquitted Mokhtar Mian and convicted Jameel Mian @ Md. Jameel Mian for the offence under Section 376 of the Indian Penal Code to undergo R.I. for ten years and under Section 366(A) of the Indian Penal Code but no separate sentence has been awarded to him on this issue.

(2.) In Sessions Trial No. 293 of 1997/16 of 1997 which is with respect to Nasim Mian, 12 witnesses have been examined to support the prosecution case which took place on 27.5.1997. The prosecution case is that the informant was in his house along with his wife and children. After some time he came to know that his eldest daughter was missing from the house, he began to search for her and in the said process went outside his house. His neighbour Suryadeo Ram and some other ladies disclosed to him that his daughter had been dragged by Nasim Mian. It is said that Nasim Mian was armed with a pistol and, therefore, the aforesaid persons were not successful in retrieving the girl. It is also said that about a month earlier to the occurrence, Md. Nasim had tried to kidnap the girl and it thus appeared to the informant that he was the person responsible for kidnapping his daughter.

(3.) The victim girl was recovered from a temple on the next morning by the police and was taken to the police station where her statement was recorded and thereafter she was sent for medical examination to the doctor. Her statement was recorded by the Judicial Magistrate (P.W. 6) under Section 164 of the Code of Criminal Procedure. In her statement under Section 164 of the Code of Criminal Procedure, she has stated that she heard the sound of a motorcycle and after sometime three persons entered her bed room, tied her mouth and dragged her down the stairs. She claims that she protested but was unable to save herself. It is further alleged by her that she was dragged to Bhabha school where she was raped by four persons. She fainted after the said act and she could only gain consciousness in the next morning. She was recovered from a temple.