MANOJ KUMAR TATMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant-Manoj Kumar Tatma, has challenged, his conviction for offences under Ss. 366 and 376 IPC recorded by judgment dtd. 18/10/2019 passed in S. Trial No.431 of 2009 corresponding to CIS No.3892 of 2014 arising out of Araria (Tarabari) P.S.Case No.398 of 2008. The learned Trial Judge (Additional Sessions Judge-II, Araria) has sentenced the appellant to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000.00 for offence under Sec. 366 IPC. Seven years imprisonment has been awarded for offence under Sec. 376 IPC alongwith a fine of Rs.5,000.00. In default of payment of fine, the appellant would undergo further three months in jail for both the aforesaid offences. The sentences are to run concurrently. There is direction for payment of half of the fine amount to the victim. The order of sentenced dtd. 25/10/2019 is also under challenge in this appeal.

(2.) The prosecution case as disclosed in the written report dtd. 29/7/2008 of Ram Chandra Tatma (P.W.9) is that on 28/7/2008 at about 10.00 A.M. he was sleeping at his shop in Mumtaj market. The mother (P.W.7) came and disclosed that daughter of the informant has been taken away by the appellant, a co-villager with intent to marry with her. Thereafter, the informant and his brother Kishan Lal Tatma (P.W.6) started searching out the victim girl (P.W.8) at the Registration Office, Araria and the railway station thereat besides at other places including residence of the relatives but could not get trace of the two. The victim daughter of the informant was already married two months back with Raj Kumar Tatma of village Kubari. It is alleged that chaukidar-Gulabi Tatma (father of the appellant), chaukidar-Tara Devi, the step-mother of the appellant, in collusion, abducted the victim with intent to get her married with the appellant.

(3.) On the basis of written report aforesaid vide Ext.- 1, Araria (Tarabari) P.S.Case No.398 2008 was registered and after completion of the investigation, the police submitted chargesheet against the appellant and investigation against the parents of the appellant was kept pending which was subsequently concluded and the parents faced trial in S.Tr.No.505 of 2010 which resulted in their acquittal as orally informed by learned counsel for the parties. It is worth noting that informant of this case was examined in S.Tr.No.505 of 2010 on 1/2/2012 as P.W.7. Certified copy of his deposition is Ext.-A which would be referred later on.