ASHFAK ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) As the learned counsel for the appellant failed to appear on account thereof, Mr. Arun Kumar Tripathi, learned advocate has been requested to assist the court as an Amicus Curiae.

(2.) Sole appellant Ashfak Alam who has been found guilty for an offence punishable under Sections 323 IPC, 376 IPC vide judgment of conviction dated 04.07.2015 and sentenced to undergo S.I. for one year as well as R.I. for seven years, fine appertaining to Rs.10,000/- in default thereof, to undergo R.I. for one year additionally respectively with a further direction to run the sentences concurrently, vide order of sentence dated 06.07.2015 passed by Additional Sessions Judge, IInd, Purnea in Sessions Trial No.841 of 2011/270 of 2014.

(3.) Victim (name withheld, PW.8) filed Complaint Petition No.4248 of 2010 on 08.12.2010 alleging inter alia that on 02.12.2010 at 04:30 PM while she was going to bring she-goat, all of a sudden accused, Ashfak Alam came from behind, gagged her mouth pushed her to the maize crop of Jhatu Mian where he committed rape. During course thereof, she was also assaulted with fist and slap on account of protest having shown by her. Then, thereafter, the accused fled away. She came to her house and disclosed the event to her parents whereupon, her father informed the persons of his society. They intimated the father of the accused whereupon, it was resolved that matter will be sorted out in Panchayati. On 03.12.2010 Panchayati was convened wherein the accused also appeared wherein, he confessed his guilt and further undertook to marry. 05.12.2010 was date fixed for marriage on which date, accused absconded. In spite of search, his location could not be traced out. Then thereafter, the Panches have instructed to launch a case. On 06-12-2010 she had gone to P.S. where, police declined to register a case. Accordingly, compliant has been filed.