AWADHESH RAI, RAJESHWAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary Appellant Awadhesh Rai was tried by the learned Additional Sessions Judge-cum-Presiding Officer, Fast Track Court No. - III, Vaishali at Hajipur in Sessions Trial No. 567 of 2003 after being charged under Sections 363, 366A and 376 Indian Penal Code. By judgment dated 21.9.2007, the Appellant was held guilty of committing the three offences and was directed to suffer RI for seven years each under Sections 363 and 366A Indian Penal Code as also to pay a fine of rupees ten thousand on each of the above counts. So far as the conviction of the Appellant for the offence under Section 376 Indian Penal Code was concerned, he was punished with RI for ten years and also to pay a fine of rupees ten thousand. There was No. separate direction in each of the order of sentence as to what was to happen if the fine ordered to be paid was not paid rather there was a consolidated order that in case the Appellant was defaulting in making the payment of fine, he was to undergo RI for two months. The substantive sentence of imprisonment were directed to run concurrently.

(2.) Babita Kumari (P.W. 8) who was the daughter of the informant Jageshwar Sharma (P.W. 7), is said to have been taken away by the Appellant while she had gone to watch a television show and was coming back to her house. It is stated that the Appellant lifted her by using a scooter and took her to different places. The occurrence is said to have taken place at 8.00 P.M. on 26.11.1989 for which the fardbeyan was given by P.W. 7 on 6.12.1989, on the basis of which the FIR of the case was drawn up and investigation was taken up.

(3.) It appears from the evidence of P.W. 11, who investigated the case, that the victim and the present Appellant were found in a room of a house at village Harpur Saidabad and from there, they were taken into custody. The victim P.W. 8 was produced before a magistrate for recording her statement under Section 164 Code of Criminal Procedure and was also produced before P.W. 9 Dr. Suchita Choudhary for her medical examination, who also sought the opinion of the Radiologist as regards the determination of her age.