ALLAUDDIN SEIKH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Allauddin Seikh was aged 40 years at the time of his conviction. He has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo RI for seven years. The appellant was tried by the Sessions Judge, Santhal Parganas.

(2.) This appeal has been preferred from jail. The appellant was not granted bail. He has served out the sentence. Legality of the conviction of the appellant has been challenged in this appeal. Mr. A Amanullah appears as amicus curiae in this appeal.

(3.) The prosecution story is that the prosecutrix Sajanoor Bibi was aged about 18 years. Late in the night of 8-9-1989, she went to the shop of the appellant to purchase azwain. The appellant run a grocery shop in village Devtala. P.S. Pakur in the district of Sahebganj. It has come in evidence that the girl was living with her parents and elder brother, still she was sent to purchase azwain at 10.00 p.m. It has also come in evidence that the appellant was living with his family members. It is alleged that she was raped by the appellant in the shop itself. She raised alarm on which two villagers came to whom she narrated about the occurrence. The First Information Report was lodged on the next day at 3.00 p.m.