BISHWANATH DAS @ HARIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted Under Section 366A I.P.C. and sentenced to R.I. for six years as also a fine of Rs. 2500/- and in default of which further R.I. for six months by a judgment dated 16.12.1996 passed by the 10th Additional Sessions Judge, Patna in Sessions Trial No. 1355 of 1994.

(2.) The case of the informant Natwar Singh is that while he was living in rented premises, the Appellant allegedly kidnapped his daughter, namely, Reeta Kumari on 25.3.1991 at about 7 P.M., who was later recovered.

(3.) During trial, the prosecution has examined seven witnesses. Out of whom, P.W.1 and P.W.2 are hearsay witnesses, whereas P.W.3 is the informant and P.W.4 is his wife, but neither of them have seen the Appellant kidnapping the girl. P.W.5 is the victim, who stated that she had gone with the Appellant out of her own sweet will. The doctor P.W.6 did not find any sign of rape on the person of the victim and she found the victim aged about 15-16 years, whereas P.W.7 is the Investigating Officer but he is more or less formal in nature.