SURESH BHUIYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD. The Appellant has been convicted under Section 366 of the Indian Penal Code and sentenced to five year rigorous imprisonment in Sessions Trial No. 307 of 1990/92 of 1991 passed by the 10th Additional Sessions Judge, Gaya, by a Judgment dated 4.2.1994.

(2.) THE case of the prosecution is that on 7.3.1989 the Appellant enticed away the daughter of the Informant whereafter she was found in his company on 23.5.1989 but the Appellant refused to give possession of the victim to the Informant whereafter the present case was instituted. The prosecution examined twelve witnesses out of whom PW-1 is the victim. PW-2 is mother of the victim. PW-3 is father of the victim. PWs-4 and 5 are also on the factum of the occurrence. PW-6 is formal. PW-7 is tendered whereas PW-11 is the Investigating Officer who had recovered the alleged victim. PW-9 is the Doctor who examined the victim and PW-8 is a Para-Medical Assistant of Civil Surgeon merely brought the medical report of the girl. PW-10 is also a Doctor who is member of the Board constituted for ascertaining the age of the victim and the opinion was that she was 12 years of age.