ABU TAHIR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction dtd. 19/9/2003 and order of sentence dtd. 23/9/2003 passed by learned Additional Sessions Judge, Fast Track court-I, Pakur, in Sessions Case No. 163 of 2002/19 of 2003; whereby the learned trial court sentenced the appellant to undergo R.I. for 7 years for the offence under Sec. 376 IPC and also pay a fine of Rs.500.00 and in default of fine, further sentenced to undergo R.I. for 3 months.

(2.) The prosecution case is based on the information of one Nazir Sheikh who is the father of the victim girl, namely, Margina Khatoon. The victim girl was employed as maid servant in the house of Nesh Mohammad and she was also engaged for making 'Biri'. About 20 to 25 days prior to the fardbeyan the informant knew from his wife that Abu Thair took Margina in a vacant house and committed rape upon her and consequently she became pregnant. Appellant also told that he will marry with her but later refused to marry. The informant tried to settle the matter by way of Panchayeti, but the matter has not been settled so the informant reported the matter to Pakur (M) P.S. and on the basis of the fardbeyan the case has been instituted.

(3.) Learned senior counsel for the appellant submits that from perusal of the deposition of the victim girl itself who is P.W.-3, it appears that there was love affair between the appellant and the victim girl and both of them also solemnized marriage subsequently.