NASIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been convicted under Section 363A IPC and sentenced to RI for ten years and fine of Rs. 10,000/- in absence of which a further period of six months RI by the Additional Sessions Judge, F.T.C.-V, Darbhanga in S.Tr. No. 336/2004 by a judgment dated 11.07.2006.

(2.) The case of the prosecution according to P.W. 4, Ganesh Paswan is that on 08.09.2004 the appellant was caught along with a child of about two and half years and variously assaulted and taken to the police station where he disclosed that in fact he had kidnapped the boy for selling his kidney.

(3.) During trial the prosecution in all examined seven witnesses out of whom P.W. 6 is a formal witness. P.W. 1, P.W. 2 and P.W. 3 have been declared hostile. P.W. 4 is the 2 informant. P.W. 5 is the grand-mother of the kidnapped child and P.W. 6 is the Investigating Officer.