MD. JAHID ALAM Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Sec. 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. 50,000/ - and in case of non -payment of fine to undergo further sentence of simple imprisonment for two years. It has further been ordered that if the amount of fine is paid then out of the said amount of Rs. 50,000/ -, Rs. 30,000/ - shall be paid to the victim.

(2.) The prosecution case, as alleged, by the informant Banty Kumari, the victim that while she was alone in her house in the night on 29.07.2012 at about 10 P.M. she went out of the house to meet the call of nature (to urinate) in front of her house, she met Jahid Alam and he disclosed her to immediately go to her aunt Anita Devi because she is serious. On the said statement of Jahid, she replied that she will go after taking permission of her father but Jahid did not permit her to go for permission of her father and he got seated her on the motorcycle, he took and kept her about three and half hours with him. The further case is that Jahid had kept her and during this period of three and half hours, he raped her. The further case is that after some time, he brought her back on his motorcycle to her house where she started weeping then Jahid first proceeded to some distance but returned back within two minutes on her cry and when the people standing nearby tried to catch hold of him but Jahid fled away leaving his motorcycle and thereafter the people of the village brought the motorcycle of Jahid in the courtyard of the informant.

(3.) The fardbeyan of Banty Kumari was recorded by Aslam Sher Ansari, the Sub Inspector of Police and the Station House Officer, Dagarua Police Station on 30.07.2012 at about 8.15 P.M. at the residence of Santosh Kushwaha, the Member of Legislative Assembly, Santosh Kushwaha. On the fardbeyan an endorsement was made to lodge a case under Sec. 376 of the Indian Penal Code and Sub Inspector of Police, Md. Aftab Alam will investigate the case. On the fardbeyan, a further endorsement to lodge Sadar (Dagarua) P.S. Case No. 308 of 2012 dated 30.07.2012 under Sec. 376 of the Indian Penal Code and consequently First Information Report lodged and investigation proceeded. The fardbeyan was forwarded to the Station House Officer, Sadar Police Station for institution of case under Sec. 376 of the Indian Penal Code and thereafter, the endorsement was made by the Station House Officer of Sadar Police Station who further endorse to lodge case under Sec. 376 of the Indian Penal Code and handing over the investigation to Aftab Alam and consequently after lodging the First Information Report, the investigation proceeded. During the investigation, the Investigating Officer recorded the further statement of the victim and reached the place of occurrence from where she was kidnapped and left after occurrence as disclosed by the victim, inspected the place of occurrence and thereafter got the victim examined by the Medical Doctor at Sadar Hospital, Purnea. The place where she was taken and the place where she was left, which is a Pakki road adjoining the Nikhrail Bazar and adjoining it a betel shop of Sahib Alam and adjoining a shop of breakfast. He also raided the house of the accused and arrested him on 31.07.2012 and brought him to the Police Station. He recorded the statement of accused since the Investigating Officer was transferred to the Training Centre so he handed over the investigation to the Officer -in -charge of the Police Station. Subsequently, the investigation proceeded by another Investigating Officer and on conclusion of the investigation charge -sheet submitted, cognizance was taken, case was committed to the Court of Session. Thereafter, the charge was framed and during trial nine witnesses were examined on behalf of the prosecution.