KISHORI MOHAN Vs. MRITUNJAY KUMAR

JUDGEMENT

(1.) THESE three appeals arise out of the common judgment passed by the 5th Additional Sessions Judge, Aurangabad in Sessions Trial No. 18 of 98 and 5/2000 by which he has convicted all the appellants under Section 366A and 34 of the Indian Penal Code and directed them to pay Rs. 5,000/- each as fine. Appellant Sanjay Kumar Shyam has further been convicted under Section 376 of the Indian Penal Code and has been sentenced to rigorous imprisonment for 10 years and to pay a fine of Rs. 5,000/-. The said fine is to be paid to the victim girl. Kishori Mohan is the Principal of Shahid Bhagat Singh Mahila College, Rafiganj (hereinafter referred to as the 'the College'). He has remained in custody for 3 months and 29 days. Mritunjay has remained in custody for four 4 months and 28 days whereas, appellant Sanjay Kumar Shyam has remained in custody for about 3 years and 10 months.

(2.) THE case was instituted on 5.7.1997 for an occurrence which took place on 2.7.1997 by Anwar Hussain, father of the victim girl, Rashida Sharin @ Rubi alleging therein that the victim has left her house to go to the College. When she did not return in the evening the family members began to look for her. They later came to know that Sanjay, who was a Lecturer in the said College, had kidnapped Rubi. They went to the house of Sanjay but could not recover the victim girl. Apparently, Sanjay was also missing from his house. It is alleged that Sanjay has kidnapped the victim girl who is supposedly a minor with the intention to marry her.

(3.) IN course of examination by Dr. Lalsa Sinha jointly with Dr. Nirmala Kumari Sinha on 13.07.1997, the doctors found that she was a well developed young lady. The radiologist report would be very relevant for the purpose of indicating her age. The X-ray plate dated 13.07.1997 indicates as follows: