NAZIR AHMAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. Ashutosh Mishra and Mr. Rakesh Kumar, learned Additional Public Prosecutor appearing for the State.

(2.) The instant criminal appeal is directed against the judgment of conviction, dated 21.11.2003 and order of sentence, dated 24.11.2003, passed by Additional District and Sessions Judge, Fast Track Court No.IX, East Singhbhum, Jamshedpur, in Sessions Trial No.188 of 2001, whereby the sole appellant has been convicted under Sections 366 and 354 of the Indian Penal Code but by the same impugned judgment the appellant has been acquitted of the charge, under Sections 376/511 of the Indian Penal Code. The learned trial court has awarded rigorous imprisonment for five years with a fine of Rs. 500/- for the offence committed and punishable under Section 366 of the Indian Penal Code and in case of default in payment of fine, to further undergo simple imprisonment for one month. The appellant has also been awarded rigorous imprisonment for two years for the offence committed and punishable under Section 354 of the Indian Penal Code. Both the sentences are directed to run concurrently and the period already undergone in custody during trial shall be set off under Section 428 of the Criminal Procedure Code.

(3.) The prosecution case is based upon written report submitted by Bipin Bihari Singh (P.W.-2), before the Officer in-charge, Bistupur police station, alleging therein that he has a son, whose name is Rahul Kumar, aged about 9 years and a daughter, whose name is Diksha Kumari, aged about 6 years and both were studying in G. Town Girls Primary School in class-IV and class -III respectively. It is alleged, that today i.e. on 25.01.2001, while the informant was on his duty at Q-Road, Club House, at about 10:30 A.M. both his children left the house for school and at about 10:45 A.M. his son Rahul Kumar came running with one boy of the neighbour, Lalan Sinha and informed him, that his daughter has been lifted forcefully by a boy near K.M.P.M. High School and took her towards Government Colony, South Park. After hearing such information, the informant alongwith his friends V. Sunder Rao, Vinod Kumar Singh and Satyendra Kumar Singh went running towards the Government Colony in search of his daughter and as soon as they reached near the Government Colony, a lady standing on the road, informed them, that a boy has lifted a girl and has taken into the dilapidated quarter. On the basis of disclosure made by the lady, the informant alongwith his friends entered into dilapidated quarter and saw that his small girl child, Diksha Kumari was completely naked and the accused was kissing her mouth and with intention to commit rape, put the girl on the ground and was trying to commit rape upon her. The girl was protesting by weeping and after seeing the informant and his friends, the accused tried to flee away but the accused was apprehended by them. After seeing her father, the girl started crying loudly and the apprehended accused disclosed his name as Nazir Ahmad, son of Zahir Ahmad, aged about 30 years, resident of Gouri Shankar Road, in front of Amit Tailor, P.S-Jugsalai and in the process of apprehension the accused has also sustained some injuries.