STATE OF BIHAR Vs. LAXMAN YADAV

JUDGEMENT

(1.) Prosecution case initiated on written application of one Kari Yadav, in brief, is that in the night of 1.5.2001 his niece Kunwar Kumari aged about 16 years went to meet call of nature at about 3.30 a.m. From there all the named accused persons along with 2-3 unknown variously armed with different weapons forcibly took away his niece. On hue and cry made by her, informant proceeded towards place of occurrence and found accused persons taking away his niece. On resistance raised by the informant threatening was given to him to kidnap more girls of the village. 1. Reason behind the kidnapping was that accused respondent No. 2 Biso Yadave was intending marriage of accused Jai Krishna Yadav with his (informant's) niece and on refusal of family members kidnapping was committed.

(2.) After concluding the trial, all the accused respondents are acquitted except conviction of one co-accused Jai Krishna Yadav. Several grounds are taken to disbelieve the incident committed by accused respondents though it is stressed on behalf of learned counsel for the State that there is clear allegation about kidnapping of a minor girl and committing rape by all the accused respondents including Jai Krishna Yadav.

(3.) One of the grounds taken by the trial Court is victim's being major at the time of incident basing the statement of PW 10 a doctor in which she opined that according to dentist, victim was 17 to 19 years and to radiologist in between 17 to 20 years. Maximum can be accepted if not then average which is not less than 18 years. For the rape 16 years is only relevant. No injury is found internal or external on the person of the victim. She is recovered near about five months of the incident not from any room rather from open place. A major girl remains away from her house not in captivity to any one does not disclose the matter of her taking away by any one belies the story of kidnapping which is the view of the trial Court also.