FEKNI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE solitary appellant Fekni Devi stands convicted under Sections 366A and 372 IPC by the learned Presiding Officer of Fast Track Court No.II, Patna in Sessions Trial No.153 of 1993/675 of 2005. THE appellant was directed to suffer rigorous imprisonment for seven years and five years respectively on the two respective counts with further direction that the sentences inflicted upon her were to run concurrently. THE appellant appeals against the judgment of conviction and sentence passed against her by the learned trial court.

(2.) MOST of the facts are not much in dispute. Savita Kumari, the alleged victim of the offence, went with the appellant to watch a movie in Ashok Cinema Hall, Patna where she met the acquitted accused Bachi Devi who was introduced by the present appellant as her Malkin and, accordingly, the victim Savita Kumari was asked to accompany her. It is not disputed that Savita Kumari out of her own free will went with the acquitted accused Bachi Devi and lived there in her house for a couple of days also, where as per the allegations two men came and put her on a rickshaw along with the appellant. The rickshaw was intercepted by one Niralajee and the police was informed upon which the appellant was arrested and the alleged victim was rescued.

(3.) IN the light of the reasons, just recorded, I find merit in the appeal. The same is hereby allowed. The conviction of the appellant and the sentenced passed upon her by the learned trial Judge both are hereby set aside. The appellant is in custody. She shall be released forthwith, if not wanted in any other case.