LAKHO @ LAKHLYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence passed by 3rd Addl. Sessions Judge, Rohtas, at Sasaram in Session Trial No. 103/98. Two lady-appellants were convicted under Section 366 of the Indian Penal Code and sentenced to undergo RI for 6 years. Male appellant Kamata Choubey, was convicted under Section 376 of the Indian Penal Code and sentenced to undergo RI for 7 years.

(2.) The case of the prosecution was that on 16.4.1997, the daughter of the informant was missing from her house. There was search for her and during the course of search, the informant came to Sasaram on 28.4.1997 and learnt that some persons had seen the victim with one Lalmuni Devi of village Muhania. The informant further learnt that Lalmuni Devi and accused Kamata Choubey had kept Bindu Deri (victim) for illegal purpose. He further learnt that Lalmuni Devi used to keep her as Dharamshala. The informant and his family members waited at Dharamshala where Lalmuni Devi failed to produce the victim. Lalmuni Devi was arrested with the help of public and she confessed that she handed over the victim to Kamata Choubey and thereafter the informant and his family members went to the house of Kamata Choubey, but he refused to hand over the victim. Thereafter the case was instituted and the police went to raid the house of Kamata Choubey and arrested the accused alongwith victim.

(3.) The defence of the accused-appellants during the statement under Section 313, Cr PC was that Bindu Devi was brought to him for treatment. Female accused appellants simply denied the allegations of abduction of Bindu Devi from Banaras station.