AKHLAQUE HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Akhlaque Hussain has been found guilty for an offence punishable under Section 376 of the IPC and sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs.5000/- and in default thereof, to undergo R.I. for six months, additionally. In addition thereof, appellant has been directed to pay Rs.50, 000/- by way of compensation.

(2.) Bibi Badrun Nisha filed Complaint Petition No.301/2006 before the Chief Judicial Magistrate, Kishanganj on 07-04-2006 alleging inter alia that on 25.12005 her daughter Jaha Ara who happens to be a divorcee and on account thereof, was staying at her place for the last so many years, had gone to meet natures call. Perceiving some delay she along with her younger daughter Rajeka Begum gone in search of her and during course thereof she had seen Akhlaque having over Jahan Ara and was raping while she was tossing. After seeing her, Akhlaque ran away.

(3.) Aforesaid complaint petition was sent to the local Police Station for registration as well as investigation whereupon Kochadhaman P.S. Case No.60/2006 followed with investigation as well as submission of charge sheet facilitating the trial, meeting with ultimate result, subject matter of instant appeal.