(1.) The solitary appellant Ajay Paswan was indicted of committing offence under sections 363 and 376 IPC by Additional Sessions Judge-cum-Presiding Officer, Fast Track Court II, Ara, Bhojpur in Sessions Trial No. 244 of 2004. By judgment dated 24.1.2007, the appellant was found guilty on the two charges and was, accordingly, directed to suffer RI for seven years on each of the two counts as also to pay a fine of rupees five thousand equally on two counts, else to suffer RI for two months in default of paying the fine.
(2.) Undisputedly, Lalia Kumari (P.W. 5), the daughter of P.W. 3 was on visiting terms with the present appellant. It is noted in the very written report that she was a frequent visitor to the house of the present appellant. She disappeared from her father's house on 3.6.2003. During the course of search the informant, as per the allegation, came to know that it was the present appellant and the other accused persons who were named in the written report (Ext. 3) had enticed away his daughter Lalia, who was allegedly 14 years of age on 3.6.2003.
(3.) The written report (Ext. 3) was presented before the Officer Incharge of the police station after twenty eight days, i.e., on 1.7.2003 and on that basis, FIR was drawn up and it appears that after quite some months the lady came back to her father's house and was, as such, produced before the Magistrate for recording her statement under section 164 Cr.P.C. She was examined by P.W. 6 Dr. Madhubala Sinha and she was also produced before a medical board, of which P.W. 6 was one of the members and, accordingly, the board found her aged in between 16 and 17 years as may appear from its report (Ext.6). The medical report furnished by P.W. 6 on examining the lady indicated that she was habituated to sex as her hymen was bearing old tear and her vagina was admitting two fingers easily.