Decided on October 23,1992


Cited Judgements :-



- (1.)The sole accused, on being aggrieved by the judgment of the Additional Chief Metropolitan Magistrate (Mahila Court), Hyderabad, dated 11/07/1990, in Sessions Case No. 191 of 1988, on her file, convicting him for the offences under sections 366A and 376 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for a period of eight years under each count and directing the substantive sentences to run concurrently, has preferred this appeal.
(2.)The case of the prosecution is briefly as follows :-
P.W. 2 Salma Begum is the daughter of P.W. 1 Jeelani Begum. The father of P.W. 2 is working in Saudi Arabia and she is living with her mother, P.W. 1, and she was in her custody by the date of the incident, i.e., on 18-2-1988. P.W. 2, the victim girl was studying X Class in Hyderabad Model High School in Moghalpura. The accused, who was acquainted with P.W. 2, induced her and took her to Jahanuma on 18-2-1988 and married her. The marriage between P.W. 2 and the accused was performed by P.W. 4 Qhazi Ghouse Mohiuddin, who issued the marriage certificates, Exs. P. 3 and P. 4. After finding that the searchers made by P.W. 1 and P.W. 3 Khaja Hameeduddin for tracing the victim girl P.W. 2 yielded no result, P.W. 1 gave a report to the police on 21-2-1988, which is marked as Ex. P. 1. On the basis of Ex. P. 1 a case was registered in Crime No. 37/88 and F.I.R. Ex. P. 10 was issued. On 24-2-1988 at about 12-00 noon the accused and P.W. 2 surrendered before the Police Station and then P.W. 9 Inspector of Police arrested the accused and recovered P.W. 2 under the cover of a mediators' report in the presence of witnesses and handed over the girl, P.W. 2 to her mother, P.W. 1.

(3.)To prove the charges against the accused, prosecution examined P.Ws. 1 to 10 and got Exs. P. 12 marked. P.W. 2 Salma Begum is the victim girl and P.W. 1 Jeelani Begum is her mother. P.W. 3 Khaja Hameeduddin is the cousin brother of the father of P.W. 2 and according to him, as the father of P.W. 2 is working in Saudi-Arabia he is looking after the welfare of P.Ws. 1 and 2 and on 18-2-1988 when P.W. 1 reported to him that P.W. 2 did not return back from school, he along with P.W. 1 searched for the girl, P.W. 2, and ultimately Ex. P. 1 report was given in the Police Station. P.W. 4 Qhazi Ghouse Mohiuddin is the person who per formed the marriage between P.W. 2 and the accused and gave Exs. P. 3 and P. 4 marriage certificates. P.W. 5 Syed Naseeruddin attested Ex. P. 6 Panchanama drafted for the recovery of P.W. 2 and the two marriage certificates Exs. P. 3 and P. 4. P.W. 6 is the doctor, who, on the requisition given by Chatrinaka Police, examined P.W. 2 and found her hymen torn, and issued Ex. P. 7 certificate. P.W. 7 is the Sub-Inspector of Police who registered a case in Crime No. 37 of 1988 on the basis of Ex. P. 1 report given by P.W. 1 and Ex. P. 10 is the F.I.R. P.W. 9 Inspector of Police investigated into the case and P.W. 8 filed the charge-sheet. P.W. 10 Miss Mahara Ishruth is the Headmistress of Hyderabad Model High School in which P.W. 2 studied up to X Class. According to this witness P.W. 10, the victim girl P.W. 2 was admitted in Hyderabad Model High School on 18-6-1980 in III Class and she studied up to X Class. She has also deposed that at the time of the admission of P.W. 2, her date of birth was registered as 10-6-1973 in the admission register and Ex. P. 2 is the certificate issued by her.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.