KAMIJ SHAIKH Vs. EMPEROR

JUDGEMENT

(1.) The appellant has been convicted by a 1 class Magistrate invested with powers under Section 30, Criminal P. C. under Section 366A, Indian Penal Code, and has been sentenced to five years rigorous imprisonment.

(2.) The girl in question, one Samiran Bibi, was found at night at the house of the appellant which is in the same village as her husband's house She had been missing from her husband's house for some days according to the prosecution story, and the prosecution was started on the basis of her story which was that she was induced to go to the appellant's house by threats, the appellant escorting her with a hasua. She also alleged that she was promised jewellery and comfort when she would be sent to Burdwan for another marriage She also alleged that during her stay in the appellant's house she was raped by the appellant more than once.

(3.) The learned Magistrate gave very good reasons in his judgment for disbelieving the story that the girl went to the appellant's house as the result of threats as alleged by her, but he accepted her story that she had been taken there by he appellant. He summed up his findings on this point in the following, sentence: "In other words the complainant's story that she had been., taken there by Kamij (the appellant) must be accepted corroborated as it is by the unassailable fact of her being recovered from his house," This finding followed another finding feat, the appellant's story that, she had been planted in his house was untrue.