MOHAMMAD KHALIL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by the above named sole appellant is directed against the judgment and order dated 30-1-1996 passed by Shri G.K. Verma, 2nd Additional Sessions Judge, Jamshedpur in S.T. No. 387 of 1989 whereby the sole appellant was found guilty for the offence punishable under S. 366, I.P.C. and he was convicted and sentenced to undergo R.I. for 5 years. However, the appellant was acquitted under S. 376, I.P.C. and co-accused-Md. Akhtar was also acquitted for the offence under S. 366, I.P.C.

(2.) The prosecution case has arisen on the basis of the written report of informant Anil Kumar Panda, the father of minor victim girl Anima Panda said to be aged about 14 years lodged before the Kadma P.S., Jamshedpur on 24-6-1988 at 9.00 hours regarding the occurrence which is said to have taken place on 20-6-1988 at Bhatia Basti P. S. Kadma, District Singhbhum. The prosecution case in short is that Kalyani Panda and Anima Panda, the wife and daughter respectively of the informant used to work as female labourer a year ago in the Gangotri Construction in village Bhatia Bastee and appellant-Md. Khalil used to work as a petty contractor for doing mosaic work in the said construction and he used to vex and tease Anima Panda and on getting information in respect thereof he disallowed his wife and daughter to work there as female labourer. It is alleged that on 20-6-1988 when the informant and his wife returned to his house he did not find Anima in his house. On enquiry, the informant came to know that appellant-Md. Khalil along with acquitted co-accused Md. Akhtar had kidnapped Anima Panda after inducing her. It is alleged that co-accused-Md. Akhtar lives with appellant-Md. Khalil and he worked as a mosaic mason in the said construction and the appellant and co-accused-Md. Akhtar once or twice had visited the house of the informant but seeing the informant, they had fled away. It is also alleged that Anima is aged about 14 years and she is a minor. It has also been alleged that delay in lodging the F.I.R. has been due to the time consumed in making enquiry and search about the whereabouts of Anima Panda.

(3.) The alleged victim girl Anima Panda during the course of investigation voluntarily returned to her parents house after three and half months of the occurrence in the company of one Gita and her statement under S. 164, Cr. P.C. was recorded by P.W. 1. The victim girl in her statement under S. 164, Cr. P.C. has stated that she was taken away by the appellant to Sonari, Bhalubasa, Patna and several other places and finally she was brought back to Jamshedpur and kept her at Bhalubasa, Kharangajhar and Jugsalai and during the period of her stay at the aforesaid places the appellant has ravished her.