MIRAJ KHALID Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nobody appears on behalf of the appellant to press this appeal. Accordingly, Mr. Ranbir Singh, Advocate is appointed as amicus curiae to assist this Court in this appeal on behalf of the appellant. Mr. Sujit Kumar Singh. A.P.P. is representing the State.

(2.) The appellant has been found guilty for the offences punishable under Sections 363 and 366 of the Indian Penal Code and the 4th Additional Sessions Judge, Bhagalpur sentenced him to undergo rigorous imprisonment for three years for offences under Section 363 of the Indian Penal Code and rigorous imprisonment for five years for offences under Section 366 of the Indian Penal Code. Both the sentences were to run concurrently.

(3.) The fardbayan has been instituted by the victim girl Fauzia Parween in which she has stated that on 18.08.1998 while she was returning home, she was pulled into a van by the appellant near the Sudha Dairy. The appellant is said to have taken her to Ibrahimpur within the Sabour Police Station. She alleges that she tried to escape but he pulled her hand and she suffered injury on her hand. It is said that he took her to the Agricultural College and was misbehaving with her. Munna Yadav @ Deb Narain Yadav, Jairam Das and Deepak Kumar intervened and she was taken home on a tempo. She learnt the name of the appellant after he was caught by the aforesaid three persons. She came to the Police Station with her uncle (mama) Javed Akhtar to institute this case.