RIYAZUL RAHMAN ALIAS RAJU Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals have been taken up together and heard as they are arising out of the same judgment dated 15.9.1995 passed in Sessions Trial No. 450 of 1984 by which the Additional Sessions Judge -III, Dhanbad, convicted the appellant Naushad Alam alias Akash under sections 363, 366A and 376 . of. the Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 years and 10 years each respectively whereas the appellant Riyazul Rahman alias Raju was convicted under sections 323, 344 and 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 1 year, 3 years and 7 years respectively. All the sentences were ordered to run concurrently. 60th the appeals are being disposed of by this common judgment.

(2.) THE prosecution case in brief as alleged is that the father of the victim girl, namely, Sardar Jarnail Singh, submitted a written report before the police alleging therein that his daughter Jashbir Kaur, aged about 15 years, was a student of 6.S.S. Mahila College, Dhanbad and she used to go to College as usual on 28.5.1992 at about 5 A. M., she had gone to college but she did not return till late evening. The informant started searching her. In course of search, he came to know that Jashbir Kaur instead of going by her own College bus had gone to Dhanbad by the bus of Central Fuel Research Institute (C.F.R.I.) as her College bus has not come on that very day. It was also informed that Jashbir Kaur was seen talking with the accused/appellant Naushad Alam alias Akash, who was a driver and used to drive the bus of B.S.S. Mahila college, Dhanbad, earlier, was standing there from before and both of them left the place. Accordingly, first Information report was lodged against unknown.

(3.) HAVING heard learned counsel for both sides and considering the evidence on record, the learned court below convicted and sentenced the appellants in the manner as indicated above.