GULMODDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals arising out of the same judgment are being heard together and are being disposed of by this common order.

(2.) Gulmoddin, appellant in Criminal Appeal No. 689 of 2004, has remained in custody since 10.7.2003 whereas Md. Hashim @ Hashim, appellant in Criminal Appeal No. 714 of 2004 has remained in custody since 9.9.2002. Both of them have been convicted to undergo rigorous imprisonment for five years for the offences committed under Sections 376/34 of the Indian Penal Code and also to pay a fine of Rs. 1,000/- each and in default of payment of fine, further to undergo rigorous imprisonment for three months.

(3.) That the victim has examined herself as PW 1. She has given rather a graphic description of the entire episode, suffice to say that the description leads this Court to believe that it is absolutely false rather than shocking to the conscious of the Court. As far as Gulmoddin is concerned, there is no specific allegation of rape against him. The reason for the said implication of both the appellants is due to land dispute which has been taken as a specific defence by Hashim in his statement under Section 313 of the Code of Criminal Procedure.