JASIM ANSARI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The sole Appellant has been convicted under Section 376 Indian Penal Code and 3(i) (xii) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act and sentenced to undergo rigorous imprisonment for life under Section 376 Indian Penal Code and two years under section 3(i) (xii) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act with fine of Rs. 5,000/- (five thousand) and in default of which further simple imprisonment for six months by judgment and order of conviction dated 05.06.2010 and 09.06.2010 respectively passed by the 1st Additional Sessions Judge-cum-Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, in Sessions Trial No.328 of 2008/G.R.No.830 of 2008/Tr. No.25 of 2008.

(2.) The case of the prosecution, according to PW 3 Raj Kumar Ram, by way of written report dated 03.04.2008, is that on 28.03.2008, his minor daughter was lured into the house of the Appellant, who committed rape upon her. Initially, information was given to the Officer-in-Charge, Haspura, on 30.03.2008, but the Officer-in-Charge, Haspura, merely called the Appellant, detained him for a day and on the next day let him off. He then sent information to the Superintendent of Police, Aurangabad, with a fresh written report in this regard upon which a case was instituted belatedly.

(3.) During trial, the prosecution examined ten witnesses and the defence examined three witnesses.