WAHID ALI Vs. EMPEROR

JUDGEMENT

(1.) In this case the prisoner Wahid Ali was charged under Secs.368 and 376, I.P.C., and tried with five others by the Additional Sessions Judge of Sylhet and a jury who by a unanimous verdict convicted him under Section 368, and by a majority of 4 to 1 convicted him under Section 376.

(2.) The story for the prosecution wag that a girl Saharjan Bibi, aged 12, who was living with her brother while her husband was away, had been abducted by the accused with the assistance of others and had boon raped by him. The general facts, as alleged by the prosecution, are not of importance for the purpose of this appeal.

(3.) The case for the defence was inter alia that the girl's brother had been excommunicated for the elopement of his sister several times, that she was a woman of loose character, that after her marriage she ran away several times with other persons and that she had previously run away with Hurmat who had assisted the other accused but was absconding. It was also alleged that she had run away with one. Tahir who was, not put upon his trial. This being the position, a witness was called for the prosecution named Sheikh Ajai. He said that ho had soon the girl going away with the accused men on the night of the occurrence. He wont on to say that Tahir was his son, that ho lived at Sabkhai and had heard at the end of Kartic last that the girl had once run away with Hurmat; also that the girl had run away once or twice before, also that there was a panchayat regarding the running away of the girl.