KISHAN KUMAR AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been convicted u/s.376 I.P.C. Prakash, J:

(2.) The case of the prosecution according to one Durga Prasad given on 20.9.1991 is that his daughter Baby Kumari aged about 11 years had not returned from school, of which she was student of Class VII on 13.9.1991. On enquiry it was learnt that one Roshan, daughter of Imamuddin, had in fact enticed away his daughter for immoral purposes. During investigation of the case six months later i.e. on 16.5.1992 the said Baby Kumari was recovered from the house of the appellant along with Roshan. The statement was recorded and thereafter charge sheet was submitted u/s.376 I.P.C. and the appellant was put on trial. He had been charged u/s.366A as well as 376 I.P.C. for having committed rape on Baby and Roshan. During trial the said Roshan was examined as P.W.5 but she did not support the factum of occurrence. It was also noted that in fact the appellant was facing a separate trial for having kidnapped and raped the said Roshan and, therefore, the charge of kidnapping and raping Roshan was redundant.

(3.) During trial the prosecution on its behalf has examined six witnesses. Out of whom, P.W.2 is the doctor, who examined the two alleged victims P.W.4 and P.W.5. P.W.1 is the informant and the father of Baby Kumari, whereas P.W.3 is the Judicial Magistrate, who had recorded the statement u/s.164 Cr.P.C. of the two victims. P.W.4 is Baby Kumari, whereas P.W.5 is Roshan and P.W.6 is the Investigating Officer.