MD TALIB Vs. STATE OF BIHAR

JUDGEMENT

(1.) As the learned counsel for the appellant failed to appear on account thereof, Mr. Baban Roy, learned advocate has been requested to assist the court as an Amicus Curiae.

(2.) Appellant, Md. Talib has been found guilty for an offence punishable under Section 376 IPC and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.25,000/- in default thereof, to undergo S.I. for one year additionally, under Section 4/6 of the POCSO Act and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.20,000/- in default thereof to undergo S.I. for one year additionally, with a further direction to run the sentences concurrently, with a further direction that the period having undergone during course of trial be set off in accordance with Section 428 of the Cr.P.C. by the First Additional Sessions Judge-cum-Special Judge, POCSO, Araria relating to Bausi P.S. Case No.34/2015, Trial No.3/2015.

(3.) Veena Devi (PW.6) gave her fardbeyan on 09- 04-2015 disclosing therein that yesterday i.e. on 08.04.2015 she along with her younger daughter (name withheld, PW.4) aged about six years has gone to cut grass. At about 12.30 noon she directed her daughter to take away shegoat to house. At about 1.30 PM her son Lalo came and disclosed that some body has committed wrong with the victim as a result of which, there happens to be profused bleeding from her private part. She immediately come to her house and inquired from her daughter who disclosed that while she was coming with she-goat, one boy, who happens to be of fair complexion and is engaged in brick-kiln, whom she claimed to identify but does not know his name, came having ice-cream and then, gave Rs.10/- and on the pretext of lifting a bundle of grass, took her away in a maize field where after undressing her, committed rape. She immediately accompanied her to Sadar Hospital, Araria where, the O/c of the Bausi Police Station also came. After treatment, she came carrying the victim in dead of night. On account thereof, she was so mentally retarded that was unable to give statement. In the following morning, the O/c of the Bausi P.S. came and at that very moment, so many villagers also arrived. Then thereafter, they all came to the place of occurrence where they have seen a chit of paper. After lifting the same they have seen a mobile number bearing 95707637400 scribed over it. Villagers dial who disclosed his name as Manjur Alam of village-Bishunpur, P.S.-Raniganj. On query, whether his relative/villagers/friend is engaged at brickkiln in the village whereupon he disclosed that his cousin sonin-law Md. Talib, son of Md. Jabir of village-Karankia is engaged there. After getting this information, the villagers have gone, apprehended Md. Talib and then, took him to the place. The victim has identified him to be her rapist. Furthermore, one Surendra Mandal a ice-cream hawker was also brought who affirmed that he has sold ice-cream to the Talib.