GANESH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has been convicted under section 366 Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years by the Sessions Judge, Katihar, in Sessions Case No. 49 of 1992, by judgment dated 12.02.1996.

(2.) The case of the prosecution according to P.W.1 (Jageshwar Paswan) is that the appellant had come to his house along with his wife and taken away his daughter for the purpose of showing her to a boy, who was to be her prospective husband but she did not return and he later learnt that his daughter had been married to one Kesho Singh after having been sold to him.

(3.) During trial, the prosecution examined eight witnesses, out of whom, P.W.1 is the informant and P.W. 6 is his wife. P.W.2 is the doctor, who medically examined the alleged victim and found her between 18-19 years. P.W.7 is the Investigating Officer and P.W.8 is the Judicial Magistrate, who recorded the statement of the girl under section 164 Cr. P. C. P.W. 3 and 4 have been declared hostile, whereas, P.W. 5 has been tendered.