AWADHESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29/8/2001, passed by the 1st Additional District and Sessions Judge, Arrah, in Sessions Trial No. 148 of 1999. The sole appellant Awadhesh Singh was convicted for the offence under Section 376 and 366/A of the Indian Penal Code and he was sentenced to undergo RI for seven years under each of the aforesaid sections, the sentences directed to run concurrently.

(2.) The case originated on the written report of Ramji Pandey on the allegations that his daughter Chanda Kumari aged about 14 years (then) was chastised by her mother on 7/3/1999 due to negligence in doing domestic chores and since then his daughter was missing. The informant kept searching for his daughter and when he failed to trace her, he got an S.D. entry recorded regarding the missing of his daughter on 8/3/1999. Subsequently, he came to know that Awadhesh Singh had abducted his daughter and, therefore, he went to the police, station again and filed a written report, Ext. 1. It was further alleged in the aforesaid written report that the informants daughter was on talking terms with the appellant whose house was contiguous to the house of the informant. Awadhesh Singh, the appellant, was also absent from his house. In the aforesaid circumstances, the informant suspected that his daughter was abducted by the appellant.

(3.) The accused pleaded that he had been falsely implicated in this case on account of enmity.