RAJENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) NOBODY appears on behalf of the appellants in Cr. Appeal No. 148 of 1996. Mr. Arun Kumar Tripathi, Advocate is appointed as amicus curiae to assist this Court in Cr. Appeal No. 148 of 1996.

(2.) HEARD learned counsel for the appellants, learned amicus curiae and learned counsel for the State.

(3.) P. Ws. 1 and 2 did not support the prosecution case about kidnapping. P. W. 3 mother of the victim has stated that she learnt that her daughter was in the house of Kameshwar Yadav. She was not allowed to take Radha Devi. She had not seen the victim kidnapped by appellants. The trial court convicted the appellants on the ground that P. Ws. 1 and 2 have resiled from their previous statement made before the police. However, P. W. 2 divulged that the daughter of Mukhdeo Yadav was taken away by one Mohan Yadav and it is not in dispute that the accused are sons of Mohan Yadav. P. W. 3 is the most competent witness who is mother of victim and her revelation in examination in chief has not been shaved and touched by the defence and victim was kept forcibly without consent in the house of accused and victim girl was not and held that it is proved that the appellants kidnapped the victim Radha Devi.