LAWS(PAT)-2011-4-203

SHANKAR MODI Vs. STATE OF BIHAR

Decided On April 18, 2011
SHANKAR MODI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE solitary appellant Shankar Modi was tried by the learned Additional Sessions Judge-cum-Presiding Officer, Fast Track Court No. 2, Munger after being charged under sections 366 and 376 IPC in S.T. No. 60 of 1988 and by judgment dated 26.2.2005, was found guilty of having committed the above noted offences. After being heard under section 235 Cr.P.C. on 1.3.2005, the appellant was directed to suffer rigorous imprisonment for seven years for his conviction under section 376 IPC as also to pay a fine of rupees one thousand, in default of which, he was directed to suffer imprisonment of three months. As regards his conviction under section 366 IPC, the appellant was inflicted the sentence of rigorous imprisonment for six years, the sentences, however, were directed to run concurrently. The appellant has challenged the above judgment and order of conviction and sentence.

(2.) P.W. 3 Govind Turi, who is the father of P.W. 6 Pato Kumari, the victim, lodged FIR at the police station alleging that his daughter was not found by him in his house at 7 P.M. when he had come back from Kharagpur, he made hectic search of the girl, but he could not trace her out and, lastly, learnt that the lady had been enticed and taken away by the present appellant. The informant stated that he contacted this appellant and inquired about his daughter, to which he gave no reply. It was stated further that the informant saw his daughter in the very house of the appellant, who did not allow her to go with her father. Villagers were also requested to get P.W. 6 rescued but nothing came out of their attempt and the appellant was furious and was bent upon assaulting them also.

(3.) ON the above facts, after drawing up the FIR, P.W. 9 S.I. Rajib Ranjan Dayal came to the village on 9.9.1987 and searched the house of the appellant from where he recovered P.W. 6 Pato Kumari. P.W. 9 sent her for medical examination and also got her statement recorded under section 164 of the Cr.P.C. and after finding materials sufficient, sent the appellant up for trial.