MUSA MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE appeal has been preferred against the judgment of conviction and order of sentence dated 10.12.2002 and 16.12.2002 respectively passed by learned Sessions Judge, Dumka in connection with Sessions Case No.226 of 2001 arising out of Dumka (M) P.S. Case No.63 of 1999 corresponding to G.R. Case No.755 of 1999 whereby the appellant has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo R.I. 10 years .

(2.) THE prosecution case, as it appears from the written report lodged by Fatima Bibi, is that on 01.09.1999 while she had been to her maize field she was overpowered by appellant Musa Mian who forcibly committed rape on her and fled away. The wife of one Israil Mian had also seen Musa Mian while he was fleeing from the place. The written report was lodged on 03.09.1999 after which Dumka (M) P.S. Case No.63 of 1999 under Section 376 I.P.C. against appellant Musa Mian was registered and accordingly investigation proceeded. After conclusion of investigation chargehseet under Section 376 I.P.C. was filed and the accused was put on trial after framing of the charge under Section 376 I.P.C.

(3.) THE informant, PW -4 has fully supported the prosecution case and she has stated that while she had been to her maize field, situated at about half kilometer from her house, the appellant suddenly appeared, overpowered her and committed rape on her. She had made protest but could not succeed. After she returned home, she narrated the incident to her mother -in -law and after arrival of her father -in -law the matter was reported to police on 3rd September, 1999. The version of victim finds support from the evidence of her husband Quyumuddin Ansari PW -3. Yunus Mian (father -in -law of deceased) PW -2, Jamula Bibi (mother -in -law of deceased) PW -6 and Manira Bibi PW -5 have supported this fact that they had seen the victim going towards home from the field and the appellant fleeing from the field.