SK FAISAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Sections 376/511 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for seven years.

(2.) The prosecution case, in short, is that on 2-6-1989 at about 2 p.m. while the prosecutrix Sitara Khatoon, aged about 14 years, had gone to graze her she goat at Larayamui Bandh, the appellant caught her from behind and gagged her mouth and dragged her to Kharor, near bushes. Thereafter, he tried to commit rape upon her, but in the process of scuffle on her resistance, the rape could not be committed. It has been submitted that when she raised alarm, several persons including her father and brother, who were working in the vicinity came and caught hold of the appellant. Thereafter, the prosecutrix narrated the entire incident to her brother and father and also to the villagers, who had assembled there. The matter was also tried to be settled by the Panchayat level, but the same was not decided. Thereafter, the Assistant Sub-Inspector of Police of Barsoi Police Station came to the village and recorded the statement of the victim girl on 27-6-1989, the fardbayan of the victim girl has been exhibited as Exhibit-1. On the basis of the fardbayan, formal First Information Report (Exhibit-2) was drawn up and the case was registered against the appellant under Sections 376/511 of the Indian Penal Code. After completion of investigation, charge-sheet was submitted and cognizance was taken against the appellant The submitted and cognizance was taken against the appellant. The case was committed to the Court of Sessions, where the trial concluded with the result as indicated above. The appellant pleaded not guilty.

(3.) The prosecution, in support of its case, examined altogether nine witnesses. PW 1 is Safique, PW 2 is Md. Alam, PW 3 is Nasiruddin, PW 4 is Ataur Rahman, tender witness, PW 5 is Hakimuddin PW 6 is Dukha, he is also tender witness, PW 7 is Abdul Gaffar, PW 8 is Sitara Khatoon, the victim girl and PW 9 is Muzaffar Hussain Khan, ASI of police, who is the Investigating Officer of the case.