STATE OF BIHAR Vs. MOHD IDRISH

JUDGEMENT

(1.) This Govt. appeal has been filed against the Judgment and order of acquittal dated 29.11.1986, passed by 1st Addl. Sessions Judge Samastipur whereby and whereunder the learned Judge has acquitted the respondents the charges levelled under Section 376 of the Indian Penal Code.

(2.) The prosecution case in short, is that on 30.11.1983 the Informant's daughter aged about 5 years, namely, Nasrun Nisa was playing with other children at about 11 a.m. in front of the house when the appellant Md. Idrish came there and lured Nasrun Nisa to give lemon drop and on the pretext of giving lemon drop took her to his house where he committed rape on her. On the cries of the victim girl, her mother and grand mother went to the house of Idrish. They saw that Idrish was running away from the south-west room of his house wrapping his lungi and the victim girl was writhing on the floor. The string of her Salwar was found unfastened which was besmeared with blood. Blood was also flowing from the private part of the victim girl. When the Informant's wife and mother were taking the victim girl to the Thana, the village Mukhiya, Md. Hassan (accused) and his brother Md. Quasim, accused stopped them on way. Accused Md. Hassan, who had medicine shop in the village and who is also a quack gave injection and some ointment to the victim girl. He also assured the Informant's wife and mother to take legal action against Md. Idrish. It has been further stated that at the time of the occurrence, the Informant was in Calcutta. He came to the village on 10.12.1983. He was informed about the occurrence of rape of his female child by his family members and he also saw the condition of the child deteriorating. On the same evening, he went to the place of village Mukhiya to condemn him for giving cover to a heinous crime and also to prevent his wife and mother from going to the Police Station. Md. Hassan told the Informant that what can he do when father and brother of Md. Idrish managed his escape from the village. It has been alleged that on 11.12.1983 the Informant with his victim daughter and grand mother, Safidan Khatoon proceeded to the Police Station but on the way Md. Hassan, Mansoor Ali, Md. Quasim, Md. Jai, Md. Joha, Md. Nairn and Md. Moiunuddin wrongfully restrained them from proceeding to the Police Station. They tried to return them with threatening. In the meantime, Md. Isha, Md. Habib Altaf Hussain, Alamgar and others came and intervened and thus the Informant along with victim daughter and his grand mother came to the Police Station and lodged information (fardbeyan). He also produced the blood-stained Salwar of the victim girl on the basis of which FIR was drawn up by Mohiuddin Nagar P.S. on 11.12.1983. After completion of the investigation, the Police submitted charge-sheet. Cognizance of the offence was taken and the trial concluded with the result as stated above.

(3.) The defence of the respondents is that they have been falsely implicated in this case on account of enmity.