BRAJ KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the order of conviction and sentence passed by Sri Birendra Kumar, 3rd AddI. Sessions Judge, Bhagalpur, in Session Trial No. 560/95, Tr. No. 9/97. The appellant was convicted under Sections 363 and 376 of the Indian Penal Code and sentenced to undergo RI for 3 years and 7 years respectively. Both the sentences were directed to run concurrently he was sentenced to pay a fine of Rs. 5,000/- also.

(2.) The case of the prosecution, based on the written report of the informant was that on 27-9-1995 his daughter Soni Kumari aged about 14 years went out of her house at 3 a.m. along with Babita Devi and Kirtee Devi (sister and mother of the appellant) for easing. When the informants daughter did not return for a considerable time, informant went out in search of her and when he enquired from Babita and Kirtee Devi, they expressed their ignorance of the whereabouts of the informants daughter. At 6 a.m. the informant was intimated by one Raju Singh of his village that he had seen her daughter Soni Kumari going in the company of Braj Kishore Singh. Vijay Singh. Bimal Singh in Bahiyar at 4 a.m. Then the informant went to the house of Braj Kishore Singh where he found Vijay Singh and Bimal Singh sitting at their darwaja. The informant inquired from them and then the latter told him that they had no knowledge of the where about of the informants daughter. Bijay Singh subsequently told the informant under the pressure of the villagers that he will produce the girl on 2-10-1995 and so no case should be lodged. When his daughter was not produced on 2/10/1995, he submitted written report at the police station.

(3.) The appellant was facing trial along with Bijay Singh. Bimal Singh. Babita Devi. Kirtee Devi and Sita Ram Mandal and they were all charged under Sections 120B, 363, 366A, 376 and 379, IPC. However, all of them were acquitted except the appellant.