MUFTI ABDUL RAHIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Criminal appeal is for setting aside the Judgment of conviction and sentence dated 24/4/2000 passed in S.T. No. 60 of 1997/20 of 1997 by the 2nd Assistant Sessions Judge, Godda, whereby the appellant No. 1 is convicted under Section 376 and 498A I.P.C. and appellant Nos. 2, 3 and 4 are convicted under Section 498A I.P.C. only and the appellant No. 1 is sentenced for Nine years R.I. for the offence under Section 376. I.P.C. and further sentenced for one year R.I. for the offence under Section 498A I.P.C. and both the sentences shall run concurrently. Other appellants Nos. 2 to 4 are sentenced for One year R.I. for the offence under Section 498 I.P.C.

(2.) THE prosecution case in short is that the victim/complaint/informant namely Bibi Taslima Khatoon filed a petition of complaint alleging therein that the appellant No. 1 Mufti Abdul Rahim was her teacher and during that course he on an assurance of getting married went in sexual union with her as result of which she became pregnant. When she requested him to merry her, he refused. On his refusal a Panchayati was held in the village and thereafter he married the complainant and they lived together as husband and wife in the house of the appellant No. 1. It is further alleged in the complainant petition that the other accused persons started ill behaving with her even they assaulted her. Thereafter the accused appellant No. 1 went away from the village and sent a Talaknama through the village head man of the community. Further case of the complainant is that the other accused persons from the very inception of the marriage, maltreated and beaten her and also taken her ornaments. She ultimately left her matrimonial home.

(3.) THE accused persons have pleaded innocent and their false implication in this case. The prosecution has examined Nine Witnesses to prove its case. Among them P.W.1 Md. Ishlam brother of the victim, P.W. 4 Mostt. Salima mother of the victim, and P.W.5 Bibi Taslima Khatoon, victim girl herself. The other witnesses P.W.2 and 3 on the point of Panchayati P.W. 7 and 8 are tendered witnesses, P.W.6 is the Kazi of the Nikah, P.W.9 is the Doctor who examined the victim on 10.5.1996.