AHTESHAM ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant who was charged under Section 376 I.P.C. after being tried was convicted for committing the offence under Section 376 I.P.C. and thereby was sentenced to undergo R.I.for 10 years by the 5th Additional Judicial Commissioner, Ranchi in Sessions Trial No. 19 of 1992.

(2.) BEING aggrieved by the judgment of conviction and sentence, the appellant has preferred the present appeal.

(3.) THE further case of the prosecution is that on 07.04.1991 the informant was having pain in her stomach., then she went to P.W. 1 Dhano Devi a midwife who examined her and then disclosed that she (informant) was carrying pregnancy. On hearing this she fainted and then her mother was called. On query by the mother, the informant said to have narrated the entire story about the commission of rape by the appellant. Thereafter the informant's mother called Ahtesham AIi, the appellant, and then on being confronted, he asked to take the informant to the Doctor M.N. Sinha to abort the pregnancy and he also paid Rs. 400/ - for meeting the expenses. The said midwife took the informant to Dr. M.N. Sinha, who examined the informant and thereafter cleaned the pregnancy. It is further stated that the news of rape by the appellant spread in the village and thereafter a Panchayati was held in which the father of the appellant Shaukat Ali was called and was requested by the villagers that the marriage of the appellant should be performed with the victim but Shaukat Ali, the father of the appellant refused. The informant subsequently learnt that the appellant and his father opened fire from their Rifle and Gun causing injuries to some persons.