MANIRUDDIN MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Amit Kumar, learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State. This application is directed against the judgment dated 19.04.2001 passed by the learned Sessions Judge, Dumka in Criminal Appeal No.61 of 1996 whereby and where-under the judgment and order of conviction and sentence passed by the learned Sub-Divisional Judicial Magistrate, Dumka in P.C.R. Case No.161 of 1992 by T.R. No.789 of 1996 on 13.08.1996 convicting the petitioner for the offence punishable under section 498A of the IPC and sentencing him to undergo one year rigorous imprisonment has been affirmed.

(2.) It has been stated by the learned counsel for the petitioner that the petitioner had already divorced his wife who is the daughter of the opposite party no.2. It has further been stated that in fact the case being Raneshwar P.S. Case No.45 of 1991 was instituted against Md. Hasim and Md. Majid on the allegation of kidnapping and committing rape upon her. Learned counsel submits that witnesses who have been examined in course of trial are related with the opposite party no.2 and all are being interested witnesses their testimony cannot be relied upon. Learned counsel for the petitioner in the alternative has forwarded an argument that if this court is not inclined to interfere in the order of conviction, the period of sentence awarded to the petitioner be modified in view of the fact that the petitioner is facing rigours of the prosecution case since 1992 and had remained in custody for a considerable length of time.

(3.) Learned A.P.P. appearing on behalf of the State has opposed the prayer made by the petitioner.