SHEIKH @ MD. SAFIL Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) SOLE appellant Sheikh @ Md. Safil who has been found guilty for an offence punishable under Section 376 IPC vide judgment dated 23.08.2010 and directed to undergo R.I. for 10 years as well as also slapped with fine appertaining to Rs. 25,000/ - in default thereof to undergo S.I. for two years additionally vide order dated 26.08.2010 by First Additional Sessions Judge, Katihar in Sessions Trial No. 121 of 2008 has preferred instant appeal. PW -6, Manjari Khatoon filed written report on 22.08.2007 with an allegation that in between night of 11/12.08.2007 while she was asleep after locking the door, Sheikh @ Md. Safil who happens to be her father -in -law opened the door, intruded inside her room, pounced upon her and committed rape.

(2.) BARSOI P.S. Case No. 117 of 2007 was registered on the basis of the aforesaid written report whereupon investigation commenced and after concluding the same, appellant was charge sheeted leading to his trial which ultimately met with conviction and sentence, the subject matter of instant appeal.

(3.) IT has further been submitted that from conduct of the informant PW -6, it is evident that her Naiharwala happens to be landless person while her Sasuralwala happens to be substantial landholder and on account thereof, she was made puppet at the hands of her Naiharwala and that happens to be reason behind incorporating the fact in the written report that her great father -in -law had disclosed that she will get 2 Bighas land. Because of the fact that she herself happens to be family member then in that event there was no question for allotting 2 Bighas of land in her favour. Not only this, the aforesaid theme get further strengthen from her cross -examination wherein she had stated that she was not aware with the fact whatever been incorporated in the written report. It was scribed by Surpanch Saheb whereupon she affixed her thumb impression.