MUKUND SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard, learned Amicus Curiae and learned counsel for the State.

(2.) This appeal is filed against the Judgment and order dated 09.07.1998 passed by the learned 4th Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 43 of 1991 whereby and whereunder the appellant has been convicted for the offence under Sections 376, 363 and 366 of the I.P.C. and sentenced to undergo R.I. for 7 years for the offence under Section 376 of the I.P.C. and 5 years for the offence under Section 363 of the I.P.C. and to run both the sentences concurrently.

(3.) Fardbeyan of victim s father is recorded for the F.I.R. which, in short, is that he had gone to Forbisganj in connection with his vegetable business and returned on 19.01.1990. He was told by his wife that on 18.01.1990 his daughter was taken by the appellant to market to purchase some books but they did not return till 9.00 pm. The same was informed to neighbours. Again she came to appellant s house along with neighbours but they (appellant and victim) were found absent there also. Finding their no whereabouts after coming of the informant from Forbisganj, matter was informed to the Police. After concluding the trial, conviction and sentence under Sections 363, 366 and 376 of the I.P.C. is the result. Validity of which has been questioned through filing of this appeal.