BASHISHT RAWAT @ BACHHAN RAWAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence passed by 2nd Assistant Sessions Judge, Jamui, dated 14th June, 1999 in Sessions Trial No. 461 of 1990. The sole appellant was convicted under Sections 366 and 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for four years and seven years respectively. Both the sentences were directed to run concurrently. The appellant was further convicted under Section 363 of the Indian Penal Code, but no separate sentence was awarded.

(2.) The case-of the prosecution, as related in the written report (Ext. 1) of Shanti Devi was that on 5.5.1988, the informant woke up and found that her 16 years old daughter, Renu Kumari was missing from the house. She and her family members searched for her daughter for the whole day. Subsequently, she came to learn that one "Tempuwala" had seen the accused-appellant, Basisht Rawat, going away in the company of Renu Kumari. Upon the aforesaid information, a case was registered and investigation followed. Subsequently, after submission of charge-sheet, cognizance and commitment, the accused-appellant faced trial along with Manoj Rawat, Sanjay Rawat and Girish Rawat. Manoj Rawat was acquitted by the lower Court and others were convicted. However, this appeal has been preferred by only Basisht Rawat.

(3.) The accused denied the charge and alleged false implication.