MD. JAVED Vs. STATE OF BIHAR
HIGH COURT OF PATNA
STATE OF BIHAR
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Birendra Kumar, J. -
(1.) This is an appeal against the judgment of conviction dated 26.03.2018 and order of sentence dated 05.04.2018 passed in Sessions Trial No. 461 of 2011 arising out of Sanokhar P.S. Case No. 36 of 2010 whereby the learned Trial Judge (Additional Sessions Judge-VII, Bhagalpur) found the sole appellant Md. Javed @ Md. Javed Mian guilty for offence under Section 376 IPC and sentenced to undergo rigorous imprisonment for seven years. A fine of Rs.25000/- was imposed to be paid to the victim and in default of payment of fine, further one year and nine months simple imprisonment was awarded.
(2.) The prosecution case as disclosed in the written report (F.I.R.) lodged by the victim girl is that the appellant by inducing the informant, aged about 14-15 years, to marry was in physical relation with her. The physical relation was continuing in the house of the appellant as well as in the house of the informant since last six months. Since the informant was carrying pregnancy from the appellant since last four months, she asked the appellant to marry with her, but the appellant refused and the family members of the appellant asked the informant to get aborted. Being frustrated, on 30.04.2010 she reported the matter to the police station, but the police did not take any action. Then a written report was submitted to the SP/Bhagalpur on 03.05.2010 and on direction of the S.P., Sanokhar P.S. Case No. 36 of 2010 was registered under Section 376 and 506/34 IPC.
(3.) During trial, the prosecution examined altogether ten witnesses. The defence also produced one witness Md. Hafiz.;
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