MD AURANGJEB @ MUNNU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Md. Aurangjeb @ Munnu has been found guilty for an offence punishable under Sections 376 IPC and sentenced to undergo RI for 10 years as well as fine of Rs. 25,000/- in default thereof, to undergo imprisonment of 3 months additionally by the Additional Sessions Judge-IV, Samastipur in Session Trial No. 02/2014 vide judgment of conviction dated 08.07.2015 and order of sentence dated 09.07.2014.

(2.) Victim (name withheld), PW-4 gave her Fard-e-beyan while she was admitted in emergency ward of Sadar Hospital, Samastipur on 01.04.2013 at about 3:00 AM, in presence of her brother Md. Javed and Bhabhi Azmati Khatoon (PWs-1 and 2) respectively alleging inter alia that she along with her brother and Bhabhi has come to visit Jitwarpur Mela over a vehicle driven by one Aurangjeb @ Munnu. They remained there. At about 12:00 Midnight, they came near the vehicle where all of a sudden Aurangjeb @ Munnu pulled her inside the vehicle and sped away towards river. Then thereafter, she was taken to near "Ikri" shrub where Aurangjeb @ Munnu began to undress her forcibly which was protested by her whereupon, she was assaulted with fists and slaps as well as shoes.

(3.) After registration of Mufassil PS Case No. 405/2013, investigation commenced and concluded by way of submission of charge-sheet under Section 376 of the IPC whereupon the trial commenced and concluded before the learned lower court meeting with ultimate result by way of recording conviction and sentence against the appellant, hence this appeal.