WAJID ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant Wajid Ansari stands convicted under Sections 366, 376 and 363 of the Indian Penal Code, and sentenced to serve rigorous imprisonment for a period of ten years under Sections 366 and 376 of the Indian Penal Code to run concurrently, by the 4th Additional Judicial Commissioner, Ranchi in Sessions Trial No. 96 of 2000 / 97 of 2000.

(2.) Brief facts leading to his conviction are that the informant and the appellant were residing in village Massiyatu, Police Station-Bero having their house! opposite each other. Further case of the prosecution is that in the morning of 22nd January 1999, Sabiha Khatoon, the daughter of P.W.7 Naeem Ansari and niece of the informant, P.W. 8 Qudush Ansari, has left her house at about 7.00 A.M. to ease herself. Further it is stated that she went towards a nearby hillock from where she did not return. According to the informant, he along with his family members tried to search the girl and came to know that the appellant has forcibly kidnapped Sabiha Khatoon, aged about 13 years and took her away with the help of his family members. It is further stated that she was seen being taken away forcibly by P.W. 5 Md. Moeem Ansari. The informant went to the house of the appellant and enquired from them where about his niece, but they did not disclose him, rather asked him to perform Nikah of Sabiha with the appellant. The informant further stated that the family members of the appellant were also involved in this case in illegal activity.

(3.) The matter was reported to Bero Police by the informant in writing on 2nd February 1999, when he came back from his duty, on which Bero Police registered Bero Police Station Case No. 4 of 1999 under Sections 363, 366 and 34 of the Indian Penal Code and started investigation. During course of investigation, the niece of the informant returned to her house on 8th February 1999, who disclosed that she was confined at Varanasi during last thirteen days and subjected to rape by the appellant. The police got the victim examined by a lady doctor and after investigation, submitted charge sheet against six accused persons. The case was committed for trial by the Court of Sessions where charge was framed against six accused persons under Sections 363, 366, and 120(B) the Indian Penal Code. The appellant was further charged under Section 376 of the Indian Penal Code separately. The defence taken by the accused persons is of false prosecution. The appellant further pleaded that he has not committed any rape and the girl has gone out of her free will with him. The learned trial court after examining the witnesses found and held all the five accused persons except the appellant not guilty of any of the offences and accordingly acquitted them. However, this appellant was found and held guilty for the offences under Sections 366, 376 and 363 of the Indian Penal Code for which he has been sentenced to serve rigorous imprisonment for ten years on both count under Sections 366 and 376 of the Indian Penal Code.