CHANDRAWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD.

(2.) THE Appellant has been convicted under Section 363 of the Indian Penal Code and sentenced to rigorous imprisonment for three years by a Judgment dated 5/6.5.1995 passed in Sessions Trial No. 156 of 1982 by the Additional Sessions Judge- I, Siwan. The case of prosecution according to the Complainant PW-4 is that her daughter who was aged about 12 years and dumb was taken away by the Appellant on the pretext for getting her treatment but she did not return.

(3.) THE prosecution in all examined nine witnesses out of whom PW-3, PW-5, PW-6 and PW-8 are tendered whereas PW-9 is a formal witness. PW-4 is the Complainant and PW-7 is the husband of the Complainant whereas PW-2 is the younger brother of the husband of the Complainant and PW-1 is the independent witness. It appears from the evidence of these witnesses that the only material that has transpired is that after the victim was taken away by the Appellant on the pretext of her treatment, she became traceless.