MOBIN MIAN @ MOBIN ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) APPELLANT Mabin Mian @ Mabin Ansari was charged with and tried for the offence under sections 366 and 376 of the Indian Penal Code and convicted for the offence under section 366 of the Indian Penal Code and sentenced to undergo R.I. for five (5) years by the additional Sessions Judge, Fast Track Court No. III, Gumla.

(2.) APPELLANT had pleaded not guilty to the charge, claiming false implication.

(3.) LEARNED trial court on considering the evidences on record, convicted the accused for the offence under section 366 of the Indian Penal Code, but acquitted him for the offence under section 376 of the Indian Penal Code in absence of sufficient evidence. Learned trial court has observed that the evidence relating to the offence under section 376 of the Indian Penal Code, as appearing in the statement of the prosecutrix (PW 3), cannot be considered on account of the fact that subsequent to the framing of the charge for the said offence, the prosecutrix was not produced by the prosecution for her cross -examination. Learned trial court further relied upon the statement of the prosecutrix and that of her father (PW 2) for recording its finding of guilt against the accused/appellant for the offence under section 366 of the Indian Penal Code.