SAHABUDDIN KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Sahabuddin Khan has been found guilty for an offence punishable under Section 366 IPC and sentenced to undergo RI for five years as well as to pay fine appertaining to Rs. 10,000/-, in default thereof, to undergo RI for six months additionally, under Section 376 IPC and sentenced to undergo RI for eight years as well as to pay fine of Rs. 10,000/-, in default thereof, to undergo RI for six months additionally, with a further direction to run the sentences concurrently vide judgment of conviction dated 26.07.2016 and order of sentence dated 03.08.2016 passed by Additional Sessions Judge-II, Aurangabad in Sessions Trial No. 352/2008/328/2015 arising out of Aurangabad(M) PS Case No. 44/2008.

(2.) For an occurrence, allegedly, committed on 26.02.2008, informant, Brishpati Singh (since deceased) filed a written report on 12.03.2008 disclosing therein that his daughter, victim (name withheld,PW-5) who has been married on 20.04.2006 with Srikant Kumar Singh son of Ram Lakhan Singh of Village-Dadhpi, Aurangabad and, thereafter his daughter had gone to her Sasural. After some time, she returned back from her Sasural and as per ritual, her Rukhsati was fixed on 13.03.2008. In his absence on 26.02.2008, his co-villager, Niraj Sah, Sanjiv Sao, and Sahabuddin Khan of Village-Chapri conspired and then, they succeeded in alluring his daughter followed with her disappearance on a scooter along with them. They also succeeded in taking away ornaments which she was wearing at that very moment appertaining to Rs. 45,000/-. He made hectic search and during course thereof, he came to know about the aforesaid incident. It has also been disclosed that in order to save his prestige as well as that of the victim, the delay has been caused in lodging the case.

(3.) The aforesaid written report led to registration of Aurangabad (M) PS Case No. 44/2008, followed with an investigation during course of which, as is evident, the victim was recovered, her statement under Section 164 CrPC was recorded and then, charge-sheet has been submitted against all the three accused, namely, Niraj Sah, Sanjiv Sao, and Sahabuddin Khan who, accordingly, faced trial. It is further evident from the record that at the stage of argument, Sahabuddin escaped and so, after bifurcating trial, Niraj and Sanjiv were acquitted vide judgment dated 23.03.2011. Subsequently thereof, the appellant surrendered on 14.01.2016/15.03.2016, the trial recommenced and concluded against him in a manner, subject matter of instant appeal.