MD. ISHRAFIL ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) On repeated calls, no body appears on behalf of the appellant, as such Mr. Amrit Anunay, Advocate is appointed as the Amicus Curiae to assist this Court.

(2.) The sole appellant has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo R.I. for seven years, vide judgment dated 5.8.2003 and order dated 6.8.2003 passed by Subhas Kumar Singh, Ist Addl. Sessions Judge, Jamui in Sessions Trial No.371 of 2002.

(3.) The prosecution report as per the complaint petition, which has been lodged on 8.10.2001 in short is that the appellant on allurement of marriage with her has established physical relationship as father and mother of the appellant is very poor and they were unable to marry her and as such on assurance of the appellant she had made physical relationship with the appellant and the complainant had seven months pregnancy and thereafter appellant stopped talking to her. It is also stated that the father and mother of the appellant went for talking to some other place for marrying him, a Panchayat was also held and in the pacnchayati also Panches asked the appellant to marry with her but the appellant did not marry.