SUBTAKIM ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal at the instance of the appellant has been directed against the impugned judgment and order dated 19-4-1999 and 21-4-1999 passed in Sessions Case Nos. 178 of 1998/165 of 1998 by Sri Mungeshwar Sahoo. 1st Additional Sessions Judge, Godda whereby and whereunder the appellant was found guilty for the offence punishable under Section 376 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for seven years.

(2.) The prosecution case has arisen on the basis of the fardbeyan (Ext. 3) of informant PW4 Zahida Khatoon. a married woman, said to be aged about 15 or 16 years as per medical evidence and alleged to be the victim of ravishment, recorded by PW 8, S. 1. Nand Kishore Sharma. the I.O. on 20-1- 1998 at 13.00 hours in Godda Muffasil P.S. regarding the occurrence which is said to have taken place on that very day at 6.00 hours on the Pinda of the pond in village Zamni Paharpur P.S. Godda Town District Godda and a case was instituted by drawing a formal FIR Ext. 3/1 under Sections 354 and 323/34 of the Indian Penal Code against the appellant.

(3.) The prosecution case, in brief, is that PW 4, the informant had gone in the Bahiyar near the village pond at 6.00 hours on 20- 1-1998 for nature's call and the appellant caught her hand with intention to outrage her modesty and she was also assaulted by fist and slap when she raised alarms and, thereafter, he further assaulted her by stick (danda) causing bleeding injury. Prosecution case further is that she went to the house of the appellant along with her family members where Buddin Ansari, the younger brother of the appellant also assaulted her by fist and slap and removed her from his house failing which she will be further assaulted and thereafter, she came to the police station in the company of her father, where her fardbeyan was recorded . It is also alleged that PW 4 Bibi Halima and Alauddin Ansari (not examined) had seen the occurrence and they have intervened in the occurrence rescuing her.