MD. ANWAR MIAN Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction and the order of sentence dated 30.08.2005 and 31.08.2005 respectively passed by the learned Sessions Judge, Hazaribagh in Sessions Trial No. 125 of 1998 whereby the appellant has been convicted for the offence under Section 376 of IPC and sentenced to undergo R.I for five years.

(2.) The prosecution case in brief, as stated in the complaint filed by the prosecutrix (Jubeda Khatoon) is that on 10.06.1995 at about 2.00 PM when she was alone in her house, the appellant came there and started making amorous advances. When she objected to the same, the appellant threatened her and forcibly committed rape upon her. The prosecutrix wanted to disclose the said occurrence to her family members, but the appellant assured to marry her soon. Out of shame and on the said assurance of the appellant, the victim did not disclose the said incident to her family members. Thereafter, whenever the appellant got an opportunity, he committed rape on her as a result of which she became pregnant. Whenever the victim used to pressurize the appellant to marry her, he used to defer it on one pretext or the other. Thereafter, the victim disclosed the matter to her family members, who contacted the family members of the appellant for his marriage with the victim, but they refused to solemnize the marriage, unless a sum of Rs.25,000/- would be paid to them. A Panchayat meeting was also held between the parties in which though the appellant initially agreed for marriage, but subsequently he refused.

(3.) Thereafter, the victim filed Complaint Case No. 334 of 1996 which was subsequently referred to the concerned police station for lodging of an FIR and accordingly Sadar(M) P.S. Case No. 270 of 1996 was registered on 14.08.1996 under Sections 366/376/328/120B of IPC against all the accused persons. After investigation, the police submitted the chargesheet against all the accused persons including the appellant. Thereafter, charge was framed on 04.11.2003 under Section 376 of IPC against all the appellant and under Sections 366/328 of IPC against the accused persons including the appellant. The case was committed to the Court of Session for trial. After the evidence, the statements of the accused persons were recorded under Section 313 of the Cr.P.C on 01.08.2005 in which they denied the allegations levelled against them.