SANJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal No. 329 of 1990 has been heard along with Criminal Revision No. 823 of 1990 and this judgment will govern both of them.

(2.) Criminal Appeal No. 329/1990 is directed against the judgment and order date 9-31/8/1990 passed by Shri Anant Prasad Shrivastava, Sessions Judge, Sitamarhi in S.T. No. 84 of 1989. By this judgment the learned Sessions Judge had convicted the appellant of the offence punishable under Section 376 of the Indian Penal Code and has sentenced him to undergo rigorous imprisonment for 3 years.

(3.) The prosecution case, in short, is that in between the night of 20121st November, 1988 the appellant under the pretext of performing inter caste marriage with the informant Bhagwati Kumari Devi alias Ranjani Kumari Devi (PW 3) kidnapped her, still a minor from the lawful custody of her parents and took her to Howrah Railway Station. There on the pretext of answering the call of nature he left PW 3 alone and departed therefrom. When he did not return back after a considerable time. PW 3 became anxious but was helped by an unknown Muslim gentleman who took her to the South Port Police Station from where she was produced before the Additional Collector (Judicial) Alipore South 24 Parganas. West Bengal. The learned Additional Collector (Judicial) directed her to be taken to Pupri in the District of Sitamarhi under police escort. Accordingly, she was taken to Pupri where her Jardbeyan (Ext. 4) was recorded on 30/11/1988 by the Officer Incharge of Pupri Police Station on the basis of which a formal FIR (Ext. 5) was drawn up. The statement of PW 3 (Ext. 2) under Section 164 of the Code of Criminal Procedure. 1973 (in short the CodeT) was recorded by a Magistrate on 1/12/1988. To ascertain her correct age a Medical Board was constituted which submitted its report (Ext. 3) dated 7/2/1989 according to which she was above 18 years of age on the date of her examination. The police after completing the investigations submitted the charge sheet under Sections 363, 366A and 376 of the Indian Penal Code. The cognizance of the offence was taken and the case was committed to the Court of Session. On trial for the offences under Sections 363, 366A and 376 of the Indian Penal Code by the learned Sessions Judge, the above named sole accused Sanjay Kumar alias Sanjay Kumar Bubna (present appellant) was acquitted of the charges under Sections 363 and 366. .A of the Indian Penal Code. He was, however, convicted under Section 376 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for 3 years. It is against this conviction that the present appeal has been filed.