RAZI AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two appeals arise out of judgment dated 3.6.1996 passed by learned 3rd Additional Sessions Judge, East Champaran at Motihari in Sessions Trial No.138 of 1985, by which the learned Judge held appellant Razi Ahmad guilty of committing offence under Section 363 of the Indian Penal Code and appellant Md. Allauddin guilty of committing offences under Sections 366 and 376 of the Indian Penal Code. The two appellants were heard under Section 235 Cr.P.C. on 4.6.1996 and while appellant Razi Ahmad was directed to serve rigorous imprisonment for two years for being convicted under Section 363 of the Indian Penal Code, appellant Md. Allauddin was handed down a sentence of rigorous imprisonment for five years under Section 366 I.P.C. and rigorous imprisonment for seven years under Section 376 I.P.C.

(2.) AS appears from the evidence of the prosecution case, the victim of the offence, examined as P.W.3, was the daughter of P.W.1, namely, Maimunisha Khatoon, whose husband, Md. Hadis Khan, was residing most of the times in the year in West Bengal. P.W. 1 resided at her house at village Babhna Tola with P.W.3, her daughter, who appears admitted to some Madarsa. Accused Md. Allauddin was a Hafiz - one who had mastered the study of Quran and had got it by heart - and he had been engaged to impart tuition to P.W.3. The appellant Md. Allauddin used to come, as appears from the evidence, to the house of P.W.1 and P.W.3 to impart tuition to the victim every evening. He had come as usual on 9.2.1984 also for teaching his pupil, P.W.3.

(3.) THE Investigating Officer was not examined and the case -diary has been put into evidence by examining a formal witness, namely, P.W.5, Bal Mukund Pandey. It appears from the evidence of P.W.3, which fact does not appear controverted, that the victim was taken to different places and lastly to village Amwa, somewhere in Nepal and P.W.2, Zulfikar Ali along with the police of Nepal and of the State of Bihar went to that village and recovered the lady on 21.7.1984, as appears from the seizure -cum -recovery memo (Ext. -3) tendered in evidence by the same prosecution witness P.W.5. P.W.3 was brought back to East Champaran at Motihari, where she was medically examined by Dr. (Mrs.) C.K.Verma, P.W.4, on 23.7.1984 at 11.30 A.M. P.W.3, the victim, was again produced before the Judicial Magistrate for recording her statement. Ext. -A, the statement of the victim, was recorded on the same day, i.e., on 23.7.1984. After closure of the investigation, the two appellants were sent -up for their trial and that ended up in the impugned judgment.