DIP NARAIN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned counsel for the State.

(2.) THE appellants have been convicted under Section 363 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years.

(3.) P. W. 10 is the informant. He has stated that he filed a case of kidnapping and he has stated that Prakash Yadav and Dip Narain Yadav have kidnapped his girl and the age of the girl is about 14-15 years. The occurrence took place about a year back. However, P. W. 10 is the informant and in his complaint, has stated that he married the victim with Prakash Yadav and has stated that in the marriage he given gold, silver and money and after the marriage the victim went with him. However, in his cross-examination, he has stated that prior to the occurrence, the marriage of the victim was solemnized at Baigna and after lodging the case he learnt the girl is at Sasural. However, the evidence of this witness is fluctuating. His statement in complaint that he has got the marriage of his daughter with the appellant no. 2 and even gave gold, silver and money at the time of marriage and his daughter went along with Prakash Yadav. Subsequently his statement that the victim has been kidnapped and thereafter in cross-examination he says the girl is at Sasural. The I.O. in this case has not been examined and hence except the evidence of P. W. 10 no witness has supported the prosecution case.