RAFIQUE ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for the state.

(2.) This appeal is directed against the judgment of conviction and order of sentence both dtd. 4/3/2010 passed by the learned Sessions Judge, Godda in Sessions Case No. 199 of 2008, whereby and where under, the appellant has been convicted under sec. 417 IPC and sentenced to undergo simple imprisonment for one year with fine of Rs.500.00 and in default of payment of fine, appellant was to further undergo SI for fifteen days.

(3.) The prosecution case is based on the typed written report of the PW-2 informant/ victim (name concealed) which was given at Godda (M) Police station on 13/2/2008. Informant had in her written report stated that two months before the filing of the instant written report, she had gone to the in-law's house of her brother at village Pramukh Tola, Sundar More. The appellant is the brother-in-law (chachera sala) of her brother and had established physical relationship with the informant for the last two months on the pretext of marrying her. When the informant told the appellant to marry her, appellant was evading the same but continued physical relationship with her. On 27/1/2008 in the evening when the informant told the appellant to marry her, the accused appellant agreed to marry but co-accused Asruddin Ansari, who is the brother-in-law of her brother, forcibly dragged away the appellant Rafique Ansari and told that even if Rs.1,00,000.00 is paid, the accused appellant will not be allowed to marry with the informant. At this the informant talked to the mother, father and relatives of the appellant and the appellant again was ready to marry her. But again Asruddin Ansari, Safique Ansari, Sukra Ansari and Doman Ansari assaulted the appellant Rafique Ansari and hence appellant refused to marry with the informant.