ALLAUDDIN MAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, being aggrieved by his conviction for offence under Ss. 366-A and 376 of the Indian Penal Code and sentence of rigorous imprisonment for life and 7 years respectively, passed by the Additional Sessions Judge, Fast Track Court No. I, Chapra in Sessions Trial No. 146/60 of 2000/2002, has preferred this appeal.

(2.) Prosecution story, according to the First Information Report, given by P.W. 4 Laxman Sah on 15-2-1997 at 9 p.m. is that on the same day at 8 p.m., while he was at his tea stall, his wife P.W. 1 Meera Devi came weeping and narrated that their daughter P.W. 3 Guriva Kumari, aged about four and half years, is missing since an hour. According to the informant, he proceeded in search of his daughter and reached near a mosque in his locality, where he found that a marriage party was proceeding led by a Band party. During search, according to the informant, his nephew Om Prakash (P.W. 5) disclosed to him that one of the members of the Band party had kidnapped his daughter. Said Om Prakash pointed towards that member of the Band party who had kidnapped his daughter. He apprehended him and took him to his tea stall for inquiry. He disclosed his name as appellant-Allaudin and confessed the guilt and stated that he had committed rape on her to the north of the mosque. According to the First Information Report, the appellant also disclosed that his pant had blood-stains and the informant also found him wearing bloodstained pant. According to the informant, the appellant was taken to the mosque, where he saw his daughter besmeared with blood on her body and private part. On inquiry, she disclosed to the informant that it was the appellant who had committed the rape. The informant with the help of the villagers, brought his daughter and him to the Police Station, handed over the appellant to the police and gave the report. On the basis of the aforesaid, Chapra Town P.S. Case No. 43 of 1997 was registered under S.376 of the Indian Penal Code.

(3.) During the course of investigation, victim Guriva Kumari was sent for treatment and medical examination at Sadar Hospital, Chapra. The statements of the informant as also his nephew Om Prakash were recorded under S. 164 of the Code of Criminal Procedure.