SEKH MAGAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants, above named, faced trial in Sessions Trial No.1054 of 2010/785 of 2011, arising out of Kahalgaon (Rasalpur) P.S. Case No.57 of 2010, before the learned Additional Sessions Judge-I, Bhagalpur, for offences under Sections 366A and 376 of the Indian Penal Code.

(2.) The prosecution case as disclosed in the written report of Md. Rahim, the father of the victim girl, is that on 10.02.2010 when the informant and his wife were not at the village home, co-villager Sheikh Magan and co-villager Md. Nisad (appellants herein) forcefully lifted to his daughter on a motorcycle. Co-villager Md. Kalim (PW 1) and Md. Ansar (PW 2) had witnessed the occurrence of kidnapping and on their protest against the act of the appellants, the appellants allegedly threatened them of dire consequences. The informant kept on searching the victim at his own level. Hence, the matter was reported to the police after delay of nine days i.e., on 19.02.2010.

(3.) On the basis of statement aforesaid the above mentioned P.S. case was registered and after investigation police submitted charge sheet. During trial prosecution examined altogether seven witnesses. PW 1 Md. Kalim and PW 2 Md. Ansar were declared hostile by the prosecution and attention of the witnesses aforesaid was drawn to their statement under Section 161 Cr.P.C. made before PW 6 Mahesh Kumar. However, attention of PW 6 was not drawn that PW 1 and PW 2 had made such statement before him.