MD RIZWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Md. Rizwan @ Fakir, vide judgment of conviction dated 19.04.2017 and order of sentence dated 24.04.2017 passed by the FTC-Ist, Purnea in connection with Sessions Trial No.304 of 2013 / 24 of 2017, has been found guilty for an offence punishable under Section 363 of the IPC and sentenced to undergo R.I. for 7 years as well as to pay fine appertaining to Rs.20,000/-, under Section 366 of the IPC and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.20,000/-, under Section 376 IPC and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.20,000/-, in default of payment of fine, to undergo S.I. for one year, additionally with a further direction to run the sentences concurrently, with a further direction to the effect that the period having undergone during course of trial would be subject to set off in accordance with Section 428 of the Cr.P.C.

(2.) Anil Mandal, PW.8 filed written report on 16.12.2012 disclosing therein that victim (name withheld) happens to be his wife from whom he has got two sons, the elder one Rahul Kumar aged about 14-15 years and younger Ravi Kumar aged about 10-12 years, a daughter, Priti Kumari, aged about 5 years. It has also been disclosed that Md. Rizwan @ Fakir is a Mason and also works in his village. He used to visit his house in his absence and during course thereof, he actively engaged himself in alluring his wife. His wife had gone to her Maika for appearing in B.A. Part-I examination. After examination when he had gone to bring his wife, his father-inlaw D.N. Rai and brother-in-law Praful Rai have said that after pooja she will be sent. Then thereafter, as his wife had not come so on 25.11.2012 he again gone to his Sasural for Bidai where his mother-in-law has disclosed that just after pooja she had sent his wife. They have accompanied her to Barhara. During course of search he came to know that Md. Rizwan had enticed away his wife from Barhara along with his one son and daughter to Delhi.

(3.) On the basis of the aforesaid written report Barhara P.S. Case No.234/2012 was registered followed with an investigation as well as submission of charge sheet facilitating the trial meeting with the ultimate result, subject matter of instant appeal.