MD. SAJID ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Md. Sajid Alam has been found guilty for an offence punishable under Section 341 IPC and sentenced to undergo S.I. for one month, under Section 376 IPC and sentenced to undergo R.I. for seven years as well as also slapped with fine appertaining to Rs.10,000/-, in default thereof, to undergo S.I. for six months, additionally vide judgment of conviction dated 15.09.2015 and order of sentence dated 19.09.2015 passed by Third Additional District & Sessions Judge, Naugachia, Bhagalpur in Sessions Trial No.591/2014.

(2.) Name withheld PW.7 filed written report on 29.04.2014 disclosing therein that she happens to be orphan and on account thereof, is living at her house alone. Today, i.e. 29.04.2014 at about 04:00 PM while she was alone at her house, her neighbour Md. Sajid Alam made house trespass, gagged her mouth and then, putting her under threat of murder, torned her cloth, broken string of her Salwar and then committed rape inside a room where she was lifted. Anyhow, she managed to raise alarm whereupon, after breaking ventilator he managed to escape. On her hue and cry, her sister Bibi Meharbano, brother-in-law Md. Gulam Rabbani as well as persons of the locality came during midst thereof, brother of Md. Sajid, namely, Md. Manovar Alam, Sanouvar Alam, Kousar Alam, Md. Insul armed with lathi, danda came and threatened her as well as her sister, brother-in-law that in case of institution of any kind of prosecution will cost them dearly. During course thereof, Md. Manovar Alam gave two blows of danda. She, having been accompanied by her sister, brother-inlaw and others came at P.S. got the written report scribed by Tawarej on her dictation and then presented the same about 10:10 PM.

(3.) On the basis of the aforesaid written report, Naugachia (Mahila) P.S. Case No.19/2014 was registered followed with an investigation as well as submission of charge sheet whereupon trial commenced and concluded in a manner, subject matter of instant appeal.