ABDUL TOUF Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned amicus curiae appearing for the appellant as well as learned Additional Public Prosecutor for

(2.) This criminal appeal has been preferred against the judgment of conviction and order of sentence dated 23.02.2001 passed by learned Additional Sessions Judge, Kishanganj in Sessions Trial No. 170 of 1999/Trial No. 118 of 1999 by which and whereunder he convicted the appellant for the offences punishable under Sections 354 and 377 of the Indian Penal Code and sentenced him to undergo one year rigorous imprisonment for the offence punishable under Section 354 of the Indian Penal Code and to undergo three years rigorous imprisonment for the offence punishable under Section 377 of the Indian Penal Code. However, learned trial court directed that both the sentences would run concurrently and the period already undergone by him would be set off towards his imprisonment.

(3.) In brief, the prosecution case, is that P.W.7, Jainul Haque @ Mainul Haque gave his Ferdbeyan to officer in charge of Pothia police station on 17.05.1998 to this effect that on 08.05.1998 at about 03:00 P.M. while he was taking rest in his house, his daughter, namely, Saruf Jan @ Sukni aged about seven years came weeping there and informed him as well as his wife, Anwari that she had gone in search of Nasir but appellant took her in the house of one Samayun and removed her clothes and attempted to commit rape on her but when he could not succeed in his attempts, he put his private part into her mouth and after that, he pressed his private part between her thighs. Anyhow, she got released herself from the clutches of the appellant and came to her home. The wife of informant (p.w.7) noticed minor injury on the private part of her daughter and when informant, Jainul Haque @ Mainul Haque tried to go to police station, the panches of his village stopped him and stated that matter would be solved in the panchayati and after that he did not go to the police station but no panchayati was held and then he gave his Ferdbeyan.