HAMID MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal arises against the judgment dated 24.2.2004 passed by the Addl. Sessions Judge, 1st Fast Track Court. Giridih, in S.T. Case No. 148/ 2001 whereby the learned trial Court convicted the appellant for the offence under Section 376, IPC and sentenced him to undergo rigorous imprisonment for a period of ten years and also to pay a fine of Rs. 2000/ -, in default, to undergo rigorous imprisonment for a further period three months.

(2.) THE present case, in short, is that on 1.4.2000 at about 10.00 p.m., the appellant, Hamid Mian, was hiding himself in front of the house of the informant, Saliman Khatoon (PW 6). When the informant came out of her house to urinate, the appellant caught hold of her and thereafter thrashed her on the ground and then forcibly committed rape on her. The informant raised hulla, on which her husband, Kurban Mian (PW 5), having a Torch in his hand, came out of the house and in the Torch light, he saw that Hamid Mian was fleeing away. Then the husband of the informant chased and caught the said Hamid Mian. On hulla, neighbours, namely, Karim Mian (PW 7), Zainul Mian (PW 4), Hanif Mian (not examined), and other villagers arrived at the place of occurrence. Thereafter, the informant narrated the story of rape on her to them. In the FIR, she further alleged that a Panchayati was convened and since no decision was taken in the said Panchayati and then she lodged the First Information Report on 24.4.2000.

(3.) IN order to establish the charges, altogether 9 PWs were examined on behalf of prosecution. PW 1 is Md. Mustafa. He is a hear -say witness and is nephew of the husband of the victim. According to the prosecution, he arrived at the alleged place of occurrence after hearing the hulla raised by the informant. PW 2 is Dr. Rekha Jha, who examined the victim on 25.4.2000, i.e. after about 24 days of the alleged date of occurrence. Therefore, such medical evidence is of no value. PW 3. Manzoor Mian, is another nephew of the husband of the prosecutrix. He also arrived at the place of occurrence on hearing hulla. PW 5, Kurban Mian, is the husband of the prosecutrix. PW 6, Saliman Khatoon. is the informant herself. PW 7 is Karim Mian and is also the brother of the husband of the victim and PW 8, Ram Bachan Ram. is the Investigating Officer whereas PW 9, Md. Noor Ansari, is a formal witness who proved the signature of the scribe of the FIR.