Cri. Appeal Nos. 292 and 319 of 2000. Case: Sharful Haque and Anr., etc. Vs State of Bihar (now Jharkhand). Jharkhand High CEGAT & CESTAT High Court
| Case Number | Cri. Appeal Nos. 292 and 319 of 2000 |
| Counsel | For Appellants: R. S. Majumdar and A. Raj, Advs. and For Respondents: Tapas Roy, A.P.P. |
| Judges | D. P. Singh, J. |
| Issue | Indian Penal Code (45 of 1860) - Sections 366A, 34, 316 |
| Citation | 2006 CriLJ 3916 |
| Judgement Date | April 24, 2006 |
| Court | Jharkhand High CEGAT & CESTAT High Court |
Judgment:
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Appellants Sharful Haque and Howra Dushad along with appellant Shamsher Quaraishi have been found and held guilty by common judgment passed in Sessions Trial No. 291 of 1991 by the Sessions Judge, West Singhbhum at Chaibasa on 3rd August 2000. Both the appeals arise out of the same judgment and have been taken together for disposal. The learned Sessions Judge has held all the appellants guilty under Sections 366A/34 of the Indian Indian Penal Code and sentenced them to serve rigorous imprisonment for six years. Appellant Shamsher Quaraishi has further been held guilty under Section 376 of the Indian Indian Penal Code and sentenced separately to serve rigorous imprisonment for ten years.
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The prosecution story, in brief, is that appellant Shamsher Quaraishi and Howrah Dusadh were known to the family of informant Dukhiya Bhuiyan and used to visit his house frequently. It is alleged that in the evening of 14-9-1989 while the minor daughter of the informant Turky Kumari along with her step-mother Nilmani was drawing water from hand pump, at about 8.00 P.M., appellant Howrah Dusadh came and asked her to accompany as appellant Shamsher Quaraishi was waiting for her. Thereafter, Turky Kumari did not return till night when the informant came back to his house. He was informed by Nilmani about the incident. Prosecution case further is that Dhukhiya Bhuiyan searched his daughter in the night and next morning when he was informed by some one that Turky Kumari was seen with appellant Shamsher Quaraishi at Jagarnathpur. Thereafter, the matter was reported to the Muffasil Police, Chaibasa and police came into action. According to the prosecution story when the police reached Jagarnathpur at the house of appellant Sharful Haque, the Mama of appellant Shamsher Quaraishi, the girl was recovered with the appellant Shamsher Quaraishi. Police caught all of them and started investigation. The police further seized some silver ornaments and clothes of Turky Kumari from the house of appellant Sharful Haque.
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Police recorded the statement of Turky Kumari where she disclosed that she was forcibly taken away by appellant Shamsher Quaraishi and subjected to rape twice upon her. She further alleged that her ornaments were taken away by appellant Shamsher Quaraishi forcibly. The girl was sent for medical examination vide Ext. 3. The police finally submitted charge-sheet against all the three appellants under Sections 366/34 of the Indian Indian Penal Code and under Section 376 of the Indian Indian Penal Code only against appellant Shamsher Quaraishi. Their case was committed to the Court of Sessions for trial. The trial Court after examining the witnesses found and held all of them guilty...
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