LADDU MIAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

(2.) Sole appellant Laddu Mian, who has been convicted under Section 376(2)(f) of the Indian Penal Code vide Judgment dated 19.07.2013 and sentence to undergo Rigorous imprisonment for life as well as also fined Rs. 10,000/- in default thereof to undergo Rigorous imprisonment for six months vide order of sentence dated 22.07.2013, passed by the Sessions Judge, Siwan in Session Trial No. 233 of 2013 has challenged the same under present appeal.

(3.) P.W. 1, Nizamuddin filed written report dated 11.04.2013, disclosing therein that he, for the present was residing in village Karbala on rent. On the same date (11.04.2013), at about 2.00 P.M. his cousin brother-in-law (sala) Laddu Mian of village Tethali Paschim Tola came at his house in his absence and took away Saral Khatoon, his daughter aged about 3 and 1/2 years. Saral Khatoon was suffering from fever for last 2-3 days. When he reached at his house, he could not found Saral Khatoon, over which he enquired from Asmina Khatoon daughter, who told that Laddu mama took away the Saral Khatoon. Then he along with his wife had gone to Tethali, where he found his daughter whose clothes were intense with blood and further internal part was also blood stained. Accordingly, he claimed that his daughter has been raped by Laddu Mian. Then, thereafter, he returned back with his daughter.