JAHIRUDDIN @ MD JAHIRUDDLN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 16.12.1999, passed in Sessions Trial No. 419/97 by the Additional Sessions Judge, Kishanganj convicting the sole appellant to undergo R.I. for 7 years under Section 376 of the Indian Penal Code and to pay a fine of Rs. 2,000/-.

(2.) The First Information Report was instituted by Habai Noor Nishan, Daughter of Mohiuddin on 15.3.1997 in which it is said that 15 days prior to lodging of the First Information Report, she had gone to the house of the appellant to grind wheat. It is alleged that the appllant caught hold of her and raped her. She raised an alarm, whereupon, the mother of the appellant and the appellant told her not to attract attention to the incident as she would get them both married. It is further said that two days prior to the lodging of the First Information Report when she went to the field to ease herself, the appellant caught hold of her and again raped her. She reveals that she disclosed this fact to her mother and the villagers namely Sirajul, Md. Fazloo, Md. Kash, Zabadul Haque and Jamizuddin. A panchayat took place which was not attended by the appellant and as such she has instituted this case.

(3.) Learned amicus curiae for the appellant submits that the allegations are unbelievable, the case has been lodged after a delay of 15 days and that the story of panchayat is concocted.