PURAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals have been preferred against the judgment and order dated 25.1.1994 passed by the 4th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trail No. 745/35 of 1992/93. Appellants Puran Singh and Lakhbir Kaur (of Cr. Appeal No. 39 of 1994) were convicted under Sec. 368 of the Indian Penal Code (hereinafter referred to as the I.P.C. and both have been sentenced to undergo R.I. for five years and to pay a fine of Rs. 500.00 and in default of payment of fine a further period of Sentence of R.I. for six months. Appellant Kamlesh Punyark (of Cr. Appeal No. 41/94) has been convicted under Secs. 366 and 366 -A of the I.P.C. and sentenced to undergo R.I. for eight years and to pay a fine of Rs. 3,000.00 under each count. In default of payment of fine, further sentence of period of two years. The sentences are to run concurrently.

(2.) THE prosecution case is brief is that the victim girl Rabindra Kaur alias Baby (P.W. 8) in her fardbeyan (Ext. 1) recorded on 4.10.1989 at 22.30 hours in the house of the informant alleged that she is aged about 15 years and student of Matriculation. About seven months ago on 8.2.1989 at about 1 O&aposclock in the noon, she had gone to the house of her brother Sardar Mahendra Singh (P.W. 4) to watch over the ceremonies of the marriage of daughter of Kailash Agrawal, a neighbour of her brother. She watched the ceremony from the roof of her brother 'shouse and while she -was returning after few minutes, she saw appellant Kamlesh Punyark standing by the side of her house. Appellant Kamlesh Punyark was a tenant in the house of co -accused Sardar Narendra Singh alias. Billa for 3 -4 months. Appellant Kamlesh Punyark called her and asked to look over the paintings made by him but she refused. Appellant Kamlesh Punyark insisted to look at his paintings and she was taken by his words and entered his premises. She was given some paintings to look at. In the meantime, a person who has covered his face appeared and caught hold of her by braids and dragged her away in the courtyard of the house. She tried to rescue herself and in scuffle the clothes from the mouth of the said person came out and she identified him as accused Sardar Narendra Singh alias Billa, who was originally resident of Ludhiyana but he was living in the said house for some time. As such, she knew him from before.

(3.) ON behalf of the prosecution, 12 witnesses have, been examined, out of which P.W. 8 is the informant and eye -witness of the entire occurrence as narrated in the fardbeyan. Bantoo after Jogendra Singh (P.W. 2), Baljit Singh alias Pappu (P.W. 3), Mahendra Singh (P.W. 4) and Sahendra Singh (P.W. 7) are brothers of the victim girl. P.W. 5 (Amarjit Kaur) is her mother. All these witnesses are hearsay on the point of kidnapping and their statement is based on the statement of the victim girl as (P.W. 8) narrated before them. P.W. 7 (Sahendra Singh) is a witness in whose presence his sister (P.W. 8) was recovered from Jagrawan in Ludhiyana. P.W. 1 (Birbal Singh) and P.W. 9 (Radheshyam Tiwary) are formal witnesses who have proved the fardbeyan (Ext. 1) and date of birth of the victim girl through Admission Register of the school. P.W. 11 is the lady Doctor who examined the victim girl after her recovery. P.W. 10 and P.W. 12 are the two I.Os. of the case.