MD HANIF Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nagina Khatoon (P.W.4) had gone to field to scrap grass on 27.01.2004. P.W.7 Md. Saheem subsequently came to her father's house to inform him that his daughter had been taken away by the present appellants.

(2.) Receiving the information PW.5, Md. Suleman, who happened to be the father of Nagina Khatoon. lodged the written report to the above effect and on that basis Runnisaidpur P.S.case No.22 of 2004 was instituted by the police. During investigation, witnesses like the family members or others supported that the appellants had forcibly taken Nagina Khatoon away, as a result of which the police found sufficient material for submitting chargesheet in the case. However, before submitting the chargesheet the victim was found in the court premises in Sitamarhi in company of the two appellants, one of whom had himself called the police, who took the victim to a Magistrate's Court where her statement under Section 164 Cr.P.C. was recorded.

(3.) She was also produced before P.W.6 Dr. Sudha Jha for medical examination and determination of her age. The doctor found that P.W.4 Nagina Khatoon was aged some where in between 17-18 years.