TAPAS DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This jail appeal has been filed on behalf of the above named sole appellant Tapas Das against the judgment dated 27th August, 2008 in Sessions Trial No. 129 of 2001 by the teamed 4th Additional Sessions Judge, Sitamarhi whereby the appellant was found guilty under Sections 364A and 384 of the Indian Penal Code and he has been sentenced to undergo rigorous imprisonment for life under Section 364A of the Indian Penal Code including fine of Rs. 5,000/- and in default of payment of fine he was further sentenced to undergo rigorous imprisonment for one year. The appellant was further sentenced to undergo rigorous imprisonment for two years under Section 384 of the Indian Penal Code. It was ordered that all the sentences will run concurrently.

(2.) In this jail appeal one Madhuri Lata Jha, Advocate was appointed as Amicus Curiae to assist this court on behalf of the appellant but she has not appeared to argue. The appellant is in custody, so this appeal is being disposed of after perusing the judgment as well as lower court records and after hearing the learned APP for the State.

(3.) The prosecution story, in brief, is that the informant's minor son Dinesh Das aged about 11 years was mentally retarded. As per allegation, in between Barharwa Chawk and his house, Dinesh Das. was kidnapped by this appellant in the morning of 10th June when he had been to graze his she goat. The matter was informed to the informant by his wife (PW 6). When the informant returned then he contacted the appellant who demanded money in lieu of releasing the boy. He also stated that the boy has been sold to Bhola Mandal who runs a tea stall at Riga Railway Station. Tapas Das was assaulted by a mob with fist and slaps and was handed over to police. The information resulted into registration of Majorganj P.S. Case No. 52 of 2000 dated 13.8.2000 under Sections 363 and 364 of the Indian Penal Code against Tapas Das and another accused Bhola Mandal. After investigation chargesheet was submitted. Accordingly, cognizance was taken and the case was committed to the court of Sessions where the charges were framed against the appellant and another accused Bhola Mandal and explained to them to which they pleaded not guilty and claimed to be tried.