MD. ASHIQUE MISTRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant, Md. Ashique Mistri has been found guilty for an offence punishable under Section 376 IPC and sentenced to undergo RI for 10 years as well as to pay fine appertaining to Rs. 25,000/ in default thereof, to undergo SI for 1 year additionally, vide judgment of conviction dated 26.11.2014 and order of sentence dated 28.11.2014 passed by Additional District and Sessions Judge-3rd, Gaya in Sessions Trial No. 436/2009/406/2006.

(2.) Name withheld, PW-1 gave her Fard-e-beyan on 22.02.2006 divulging the fact that she happens to be aged about 16 years. As she was suffering from some sort of ailment and for that, she was being treated. During course thereof, about 7-8 months ago, she had gone to Patna along with Md. Ashique Mistri who happens to be her uncle to see Dr. Md. Ejaz Ali. Because of the fact that the aforesaid doctor used to see patients in the night, they stayed there after having been seen by the doctor in the following morning, they returned back. After 15 days, they both visited place of the doctor.

(3.) On the basis of the aforesaid Fard-e-beyan, Belaganj PS Case No. 27/2006 was registered, followed with an investigation. After completing the same, charge-sheet was submitted facilitating the trial, the subject matter of instant appeal.