NISHIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant has been convicted under Sections 366 and 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years for each of the offence separately. However, it has been ordered that both the sentences shall run concurrently.

(2.) THE prosecution case as alleged in the fardbeyan of the informant Arvind Kumar Sinha is that his daughter Jyoti Sinha aged about sixteen years used to go to Sewing Centre to learn sewing. On 07.09.1996, she went to the Sewing Centre as usual at 9:00 A.M. But she did not return as usual till 2:00 P.M. and in the evening he got information in court as he is Peshkar in Nawada Civil Court, then he made out a search at Sewing Centre and other places but all in vain. He searched at his relative. THE search continues on 08.09.1996 to his relative but did not get any clue. On 09.09.1996, he learnt from his neighbour Santosh Kumar Sinha is that on 07.09.1996 at about 9:30 A.M. he saw his daughter with his nephew (Bhagina) Nishit Kumar near Devi Asthan. When he inquired about his Bhagina, then he found that the landlord in whose house his (Bhagina) Nishit Kumar used to live both were absconding and hence alleged that his daughter Jyoti Kumari has been kidnapped by Nishit Kumar Sinha and Ashok Jha (the landlord) for illegal acts.

(3.) THE trial court after considering the evidence that the victim is minor. THE trial court further held that since the appellant is not another person hence, offence under Section 366A of the Indian Penal Code is not made out but offence under Section 366 of the Indian Penal Code is made out and hence convicted the appellant under Section 366 of the Indian Penal Code as well as under Section 376 of the Indian Penal Code and sentenced as mentioned above.