SIRAJUDDIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr.Venkatesh Kumar, learned counsel for the appellant and learned Spl.P.P.

(2.) Instant criminal appeal is directed against the judgment and order of conviction and sentence dtd. 21/7/2005 passed by learned Additional Sessions Judge, Fast Track Court No.VII, Hazaribagh in Sessions Trial No.288 of 2001 arising out of Patratu P.S. Case No.5 of 2000 corresponding to G.R. No.47 of 2000 (T.R. No.921 of 2001), whereby and whereunder the appellant has been held guilty for the offences under Sec. 498-A, 386 and 323 of IPC and Sec. 3 and 4 of Dowry Prohibition Act and has been sentenced to undergo R.I. for 3 years for the offence under Sec. 498A of IPC and R.I. for 6 months each for the offence under Sec. 323 of IPC and Sec. 4 of D.P. Act and further R.I. for 5 years along with a fine of Rs.1,000.00 for the offence under Sec. 386 of IPC and he has further been sentenced to undergo R.I. for 5 years along with a fine of Rs.15,000.00 for the offence under Sec. 3 of D.P. Act with default stipulation. All the sentences were directed to run concurrently.

(3.) Factual matrix giving rise to this appeal is that a complaint case No.585 of 1999 was filed by one Khusbun Nisa before the court of learned CJM, Hazaribagh, which was sent to the concerned police station in exercising the power under Sec. 156(3) of Cr.P.C for investigation. As per complaint, there were 11 accused persons and the case of the complainant that she is handicapped woman and presently residing at Sayal 'D' Colliery, Hazaribagh. It is alleged that the accused No.1, Md. Mumtaz met with the complainant in the month of October, 1997 while she was alone in her house and had committed rape upon her. The matter was reported to a local Anjuman Committee and a panchyati was held on 21/10/1997 where Md. Mumtaz confessed his guilt. Therefore, it was decided on 23/10/1997 that only way to settle the issue is 'Nikah'. Accordingly, on 2/11/1997 in presence of local respected persons, Nikah of the complaint was performed with the accused, Md. Mumtaz fixing them "Den Mehar" of Rs.20,001.00. It is further alleged that it was also decided by Anjuman Committee that father of complainant and his father (father of accused, Md. Mumtaj Ansari), namely, Md. Sirajuddin will deposit Rs.50,000.00 each total amount of Rs.1.00 lakh in the account of the complainant. After Nikah, the complainant went to her matrimonial home at village Japla, P.S. Hussainabad, Dist. Palamau. It is further alleged that just after few months of marriage, the complainant was coerced for withdrawing the aforesaid amount of Rs.1.00 lakh and she was taunted passing remarks "