KEDAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant Mithilesh Kumar Jha of Criminal Appeal No.100 of 1996 has been convicted u/ss.363 and 364 I.P.C. and sentenced to R.I. for eight years and seven years respectively, whereas the appellants Kedar Jha and Gopal Jha of Criminal Appeal No.100 of 1996 have been convicted u/s.368 read with Section 365 I.P.C. and sentenced to R.I. for seven years by the Assistant Sessions Judge, Benipur in Sessions Trial No.6 of 1993/ 30 of 1994 by a judgment dated 30.3.1996.

(2.) THE prosecution case, according to P.W.8, the Officer Incharge of Bahera P.S., is that he had received secret information that the appellant Mithilesh Kumar Jha had brought a boy to his village and was planning to sell him. On this information, he raided the house of the appellants Kedar Jha and Gopal Jha, from where the appellant Mithilesh Kumar Jha was caught with the boy, who was allegedly kidnapped. He confessed that he used to work at Kanpur and on account of annoyance with his employer he had brought his son from the lawful custody of his parents.

(3.) IN the result, both the appeals are allowed and the order of conviction and sentence passed against the appellants on 30.3.1996 by the Assistant Sessions Judge, Benipur in Sessions Trial No.6 of 1993/ 30 of 1994 is set aside. The appellants are discharged from the liabilities of their bail bonds.