NAUSHAD ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Naushad Ansari has been found guilty for an offence punishable under Section 376 of the I.P.C. and sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs.2,000/- and in default thereof, to undergo S.I. for six months additionally with a further direction to set off in terms of Section 428 of the Cr.P.C. relating to the custodial period vide judgment of conviction dated 31.10.2014 and order of sentence dated 05.11.2014 passed by the Additional Sessions Judge-2nd, Jamui in Sessions Trial No.163 of 2013.

(2.) Name withheld, PW-10 gave her fard-bayan on 26.12.2012 at about 7.05 P.M. before Officer-in-Charge of Khaira Police Station alleging inter alia that on preceding evening i.e. on 25.12.2012 at about 7.00 P.M., Md. Naushad Ansari, son of Anwar Mian @ Anwar Hussain dialed over her mobile and talked with regard to their marriage. She had further disclosed that she along with Naushad Ansari were on talking term for the last 4-5 months. Naushad used to talk relating to their marriage. He used to loiter around her house in usual course. Again, Naushad dialed at 8.00 p.m. and then at 9.00 p.m., at that very moment, he directed her to come outside her house. Because of the fact that they both were on talking term on account thereof, she came out from her house at about 10.00 p.m. in order to see Naushad. During said course, when she reached near the house of Ashir Mian, she found Naushad, who instructed her to proceed towards Northern direction. First of all, she declined, but Naushad lifted her in his lap after closing her mouth and crossed about half a kilometer from her house near a Jackfruit tree where he forcefully indulged in physical relationship. Then thereafter, he took her to the place of Md. Kabir, his friend. Nephew of Kabir was present, who used to loiter along with Naushad near-about her house. One another friend of Naushad was also present whose sasural lies at village-Milni-Tand and name of his father-in-law happens to be Isho Mian. She stayed at about 10 minutes. When she said that now, she will not return to her house, because of the fact that her family member would not allow her, over this Naushad had disclosed that put belief over his conduct. For the present, you should go to her house, he will marry her. Putting belief upon the word of Naushad, she returned back to her house. Door was opened by her sister. Then, her sister disclosed the same to Sardar, who made query from her. Her parents reside at Aasansol, who was also informed. After their arrival, this case has been instituted. Furthermore, it has also been disclosed that Naushad had further said that in case, she was being said anything at the end of family members, then in that event, she would dial to him. When she tried to talk with him, his mobile was found switched off.

(3.) On the basis of the aforesaid fard-bayan, Khaira P. S. Case No.170 of 2012 was registered under Section 376 of the I.P.C. followed with an investigation and after concluding the same, chargesheet was submitted facilitating the trial which ended adverse to the interest of the appellant, the subject matter of instant appeal.