NIZAMUDDIN ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant was convicted and sentenced to undergo rigorous imprisonment for ten years under Section 376 of the Indian Penal Code (hereinafter to be referred to as the Code) videthe judgment and order dated 25.6.1990 passed by the Sessions Judge, Katihar in Sessions trial No. 51 of 1987.

(2.) It would be relevant and convenient to reproduce, in brief, the facts of the case. The appellant Lia Khatoon (PW 3), who was 16 years old at that time was in the night at about 9 p.m. on 25.11.1985 sleeping in her house. She heard some sound of knocking at the door. She woke up and opened the door. To her utter dismay and surprise the appellant Nazamuddin entered into her house, caught hold of her, allured her that he would marry her and making such allurement and assurance he took her to his house. He made her lie on a cot and he stripped of her clothes and committed rape on her by thrusting his private part into her private part. The appellant kept the victim-informant in his house for the whole night. In the early next morning the appellant left his house and went to call labourers. In the meanwhile, the father, the brother and other inmates of the house of the appellant drove the prosecutrix (PW3) out of the house. The victim girl was forced to go on the road. She was weeping there. Her cry attracted her father and mukhiya and certain other villagers who managed to take her to her house.

(3.) The fardbeyan (Ext. 2) of the prosecutrix Lia Khatoon was recorded at about 1.00 p.m. on 26.11.1985 on the basis of which the formal FIR (Ext. 3) was drawn up and Azam Nagar PS case No. 104 of 1985 giving rise to the instant case was registered. Investigation was taken up. The victim-informant was got examined by Dr. Chandralekha Sharma (PW 1). After completion of investigation the charge-sheet was submitted against the appellant under Sections 363 and 376 of the Code. However, the appellant was charged and tried only under Section 376 of the Code.