JAINU DHUNIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has filed this appeal against the judgment and order dated 17th June, 1987, passed by the Xth Additional Sessions Judge, Patna in Session Trial No. 713 of 1986, whereby the learned Additional Sessions Judge has convicted the accused -appellant under Secs. 376. and 366 -A of the Indian Penal Code and sentenced him to undergo R.I. for life under Sec. 376 of the Indian Penal Code and R.I. for ten years under Sec. 366 -A of the Indian Penal Code. The sentences are to run concurrently.

(2.) IN short the case of the prosecution is that on 22nd March, 1985. at about 10 a.m. Geeta Kumari aged about 14 years, daughter of the informant had gone to her school and when she did not return from the school her father, who is informant of this case, went in search of her and at Neora Railway Station, a boy, son of one Bihta Rai told him that he had seen a girl with Jainu Dhunia at the Railway Station at about 12O clock in the day. Accused, Jainu Dhunra was tailor, who used to work as tailor in the room of the house of the informant. According to the prosecution, accused -appellant, Jainu Dhunia had kidnapped the girl with intention to marry her. The fardbeyan of the informant was recorded by the Officer -in -Charge of Shapur Police Station on 23 -3 -1985 at about 7 a.m. and on the basis of the fardbeyan, a formal First Information Report (Ext. 3) was drawn in this case. After Investigation police submitted charge -sheet against the accused -appellant, the learned Judicial Magistrate after taking cognizance of the case committed it to the Court of Sessions for trial and charges under Sections 376 and 366 -A of the Indian Penal Code were framed against the accused -appellant by the learned Additional Sessions Judge, Patna.

(3.) THE defence of the accused -appellant according to trend of the cross -examination is that he has been falsely implicated in this case due to some dispute regarding water.