SONU Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant was indicted of committing the offences under Sections 363, 365 and 364 IPC by the Presiding Officer Fast Track Court-ll, Nalanda at Biharsharif for being tried in Sessions Trial No.40 of 2008 and by judgment dated 16.11.2006, while he was acquitted of the charge under Section 365 IPC was convicted of offences under Sections 363 and 364 IPC and was directed to suffer rigorous imprisonment for ten years as also to pay a fine of Rs.10,000/- besides suffering rigorous imprisonment for four years and paying the fine of Rs.5,000/- under the two respective counts. In case of default in making the payment of fine, the appellant was directed by the consolidated order to suffer simple imprisonment for one and half years. The substantive sentences of imprisonment were directed to run concurrently. The appellant challenges the judgment of conviction and sentence through the present appeal.

(2.) Aman, a boy aged about three and half years, son of Md. Nazrul Bari(P.W.4), was in the lap of Md. Afzal (P.W.3) who was moving in the market place on 26.11.2002 at about 5.30 P.M. at Mohalla Bhusatta in the township of Biharsharif. He went near the shop of Ekramul Haque (P.W.1) with the child in his lap. The present appellant was admittedly an employee of Md. Nazrul Bari (P.W.4) who was running a biscuit factory. It is stated that the present appellant was also there and he picked up the child from the lap of P.W.3 and asked him to look into his own shop as there was some one in it.

(3.) It is stated by P.W.4 that P.W.3 went to look into his own shop leaving the child in the lap of the present appellant and when he came back, he found that neither the appellant nor the child Aman was any where around. A search was made for both the appellant and the child, but in vain as a result of which Md. Afzal who happened to be the Sala of (brother-in-law) of P.W.4 informed him. Md. Nazrul Bari filed a written report (Ext-1) before the Officer-in-Charge of Bihar Police Stetion, on the baste of which, the FIR was drawn up and the investigation was taken up by P.W.7 S.I. Padma Kumari.