ASRAR AIAM ALIAS CHUNNU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant who was prosecuted for the charge under Section 366 of the Indian Penal Code suffered conviction under Section 363 of the Indian Penal Code on being tried by Shri Priya Saran, VIth Additional Session Judge, Purnea in Sessions Trial No. 158 of 1985 on accusation that six days preceding 25th March, 1979, while Asha Kumari (PW-5) was going to house of Tola Ram where she was working as maid servant, the appellant who had developed proximity with her in past, persuaded her to give her company to him on false pretext, and an assurance of marrying her took her to Calcutta. It was alleged that the appellant kept her in a room in Calcutta and from there she was taken to Purnea and where from they came down to Madhepura and while going to Singheshwar Asthan for celebration of marriage ceremony were apprehended by the local police, pursuant to which on behest of Asha Kumari a case was registered and investigation commenced. During investigation, police recorded statement of witnesses got the prosecutrix clinically examined by the doctor, visited place of occurrence and eventually laid charge-sheet before the Court. THE appellant on eventual commitment of case to the Court of Sessions was put on trial when State examined altogether with witnesses. THE defence too examined one witnesses.

(2.) THE defence of the appellant, both before the trial Court and also this Court had been denial of allegations attributed to him and also his false implication and the trial Court finding the prosecution witnesses credible through did not find appellant guilty under Section 366 of the Indian Penal Code, there being no compulsion on part of the appellant rendered verdict of guilt under Section 363 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for a term of five years.

(3.) REGARD being had to the fact that the appellant had suffered ordeal of long prosecution for about 23 years and remained in custody for about 11 months, while upholding the finding recorded by the trial Court, finding the appellant guilty under Section 363 of the Indian Penal Code, his sentence is reduced to the period already undergone by him and in addition to that he is sentenced to pay a fine of Rs. 1000 (Rupees One Thousand), in default of which he would suffer rigorous imprisonment for one year and with this modification in sentence, the appeal stands dismissed,