ZAFRE IMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Syed Arshad Alam, Mr. Kamran Fazal and Ms. Anjum Perveen learned counsels for the appellant, and Mr. S. N. Prasad, learned APP for the State.

(2.) The present appeal has been being filed under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') challenging the judgment of conviction and order dtd. 16/1/2008 passed by Additional Districts and Sessions Judge, Fast Tract Court No. 4, Darbhanga in Sessions Trial No. 218 of 2003 arising out of Singhwara Police Station Case no. 18 of 2002 by which the appellant has been found guilty of the offence punishable under Ss. 376/511 of the Indian Penal Code (hereinafter referred to as 'IPC' and have been sentenced to undergo rigorous imprisonment for ten years.

(3.) The brief facts of the prosecution story as narrated by the informant, Nasir Shah is that on the night of 21/3/2002 at around 8 PM, his daughter aged 14 years, had gone out of the house to defecate. At that time the accused/appellant Md. Zafre Imam @ Mangala son of Kayum Shah of his village was coming in an inebriated state after drinking toddy and on seeing his minor daughter alone, he caught her and tried to rape her forcefully. When his daughter started shouting, the informant's younger son Hashim reached there and then the appellant left her and ran away. After that, his daughter came home and told about the incident to the villagers.