RIJWAN ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant Rijwan Ansari has filed this Criminal appeal against the judgment dated 4/5/1999 and order of sentence dated 5/5/1999, passed by Shri Vinod Kumar Sinha, learned 5th Additional Sessions Judge, Giridih held the appellant Rijwan Ansari guilty under Section 366, IPC and sentenced him to undergo R.I. for five years and a fine of Rs. 500/- in default to undergo S.I. for three months, five years R.I. under Section 376, IPC and fine of Rs. 500/- in default to undergo S.I. for three months and he was also sentenced to undergo R.I. for four years under Section 363, IPC.

(2.) Prosecution case in brief is that one Bajrangi Lal Sinha lodged a written report with Pirtand P.S. stating therein, inter alla, that on 24/3/1997, his daughter Rekha Sinha aged about 16 years was sleeping in her house and in the morning when he woke up he did not find her and thereafter search was made and in that onn1n, S.D. Entry was also made on 25/3/1997 at Pirtand P.S. and search went on. He came to know that the appellant Rijwan Ansari has enticed away his daughter with an intention to marry her and enter into illicit intercourse with her. In course of search, this appellant Rijwan Ansari was caught in the shop of one Charku where he told that he has enticed Rakha Sinha away with an intention to marry her and kept her in the house of his sister, Nasiban Bibi at village Nawadth P.S. Dumri. On the basis of the written statement. Pirtand P.S. Case No. 14/97 was registered under Sections 363, 366 and 376/34, IPC and police after investigation, submitted charge sheet against the appellant and Nasiban Bibi. The appellant denied having committed any offence and thereafter trial proceeded and ultimately, he was found guilty.

(3.) The learned trial Court, after recording the evidence of witnesses and after going through the materials and evidence brought on recordboth oral and documentary from both the sidesheld the appellant guilty under the aforesaid sections and convicted and sentenced him as aforesaid while Nasiban Bibi was acquitted.