PARVEZ AKHTAR Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: This appeal is directed against the judgment of conviction dated 11.09.2002 and order of sentence dated 12.09.2002 passed by the learned 1 st Additional Sessions Judge, Hazaribagh in Sessions Trial No. 154 of 2000 convicting the appellant under section 376 IPC and sentencing him to undergo R.I. for ten years.

(2.) The prosecution case in short is that on 11.03.1999 at about 5.00 PM when the complainant was sweeping her house situated in front of the house of the appellant, the appellant who happens to be the cousin brother of the complainant, with intention to commit sexual assault, entered into her house and caught hold of her from behind, gagged her mouth and on the point of knife, committed rape on her. Out of fear, she did not disclose about the said incident to anyone and taking advantage of her silence, the appellant continued to ravish her for months together in spite of her resistance. When she became pregnant, her family members contacted the appellant and his father. Thereafter, a panchayati was held in which the appellant and his father agreed for solemnizing 'Nikah' of the appellant with the complainant. On 13.10.1999 the complainant gave birth to a premature baby. Thereafter, again panchayati was held in which the appellant agreed to perform 'Nikah' with the complainant. The date of 'Nikah' was fixed for 5.12.1999 and Mehar was also fixed as such and in token of the agreement, the appellant and the complainant put their respective signatures on the said punchnama in presence of the witnesses. The newly born baby died after ten days. After the death ofthe baby, the appellant denied to perform 'Nikah' with the complainant. Thereafter, this case was instituted.

(3.) Learned counsel for the appellant assailed the impugned judgment on various grounds, whereas the learned counsel for the State supported the impugned judgment.