JAIMANGAL PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 31.8.2000/1.9.2000 Dassed by Sri Ravindra Nath Verma, 1st Additional Sessions Judge, East Champaran at Motihari in Sessions Trial No. 27 of 1995 whereby and where under he convicted appellant Jaimangal Paswan under Section 366-A of the Indian Penal Code (hereinafter referred to as the Code) and sentenced him to undergo rigorous imprisonment for five years and he also convicted co-accused Sheonath Paswan under Sections 366-A and 376 of the Code and sentence him to undergo rigorous imprisonment for five years under the first count and ten years under the second count, both the sentence having been ordered to run concurrently.

(2.) It may be noted at the very outset that co-accused Sheonath Paswan is not appellant before this Court. This appeal has been preferred only by Jai Mangal Paswan.

(3.) In the night between 4th and 5th December, 1992 Mira Kumari alias Mirang Kumari, aged about 13 years, daughter of informant Chandrika Das (PW 3) was sleeping in the her room along with her younger sister Ranju Kumari PW 3 Chandrika Das was also sleeping in his house. At about 4.00 a.m. in the morning, Shanbhu Das (PW 2) arrived at his house and he intimated him that his sister Sudama alias Sudamia Devi aged about 20 years, who was already married to one Sipahi Das to Raxaul was missing from the house. PW 3 told him that it was just possible that she (Shdamia Devi) might have gone to attend to nature's call. In the meanwhile wife of PW 3 came out of her house and informed that her daughter Mira Kumari was not in the house. PW 3 got perplexed and he along with others, such as, Mahabir Das, Ram Janak Das and Ghanshyam Das set out in search of Mira Kumari. In the process PW 3 and others visited villages, such as, Garahiya Petekha etc. One Tingan Das of village Garahiya informed PW 3 that while he was attending to nature's call in the filed at about 2-3 a.m. the appellant Jaimangal Paswan and Sheonath Paswan were seen taking away Mira Kumari and Sudamia Devi with them in the west direction. Ganesh Paswan of village Karania said to PW 3 that he has seen the appellant and Sheo Nath Paswan in suspicious manner moving near the house of Shambhu Das (PW 2) at about 2.00 a.m. in the night. Priest (Sadhun) of Jamuna Math stated to PW 3 that the appellant and Sheonath with two girls with them went to the math at about 3.00 a.m. and soon they set out towards Motihari. Sambhu Paswan of village Patekha stated that he had seen the appellant and Sheo Nath Paswan taking away both the girls referred to above on a bus meant for Siwan.