RADHIYA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals arise out of a judgment and order dated 20.12.1999 whereby Radhiya Khatoon and Shibu Kumhar (Pandit) have been convicted by the Trial Court. Shibu Kumhar (Pandit) has been convicted under Sections 365, 366, 368, 373 and 120B of the Indian Penal Code to undergo rigorous imprisonment for 7 years under Sections 365, 366 and 368 of the Indian Penal Code and rigorous imprisonment for 10 years under Section 373 of Patna High Court the Indian Penal Code. Radhiya Khatoon has been convicted for 7 years rigorous imprisonment under Section 368 and rigorous imprisonment for 10 years under Section 373 of the Indian Penal Code.

(2.) The appellant Shibu Kumhar (Pandit) has been in custody since 11.8.2007 to 2.3.2000, when this Court granted bail to him, whereas Radhiya Khatoon has been in custody from 13.7.1997 to 11.2.2000. The question in these appeals is whether the prosecution has been able to prove the case of kidnapping and abduction beyond all reasonable doubt?

(3.) During trial six witnesses have been examined. P.W. 1 is Jai Prakash Poddar who was posted as a Home Guard Hawaldar in Matri Seva Sadan at Be gusarai, P.W. 2 is the doctor who took the X-ray of the victim lady Kaili Devi, P.W. 3 is the Judicial Magistrate who examined Kaili Devi under Section 164 of the Code of Criminal Procedure, P.W. 4 is Basant Kumar Hessa who recorded the First Information Report and also conducted investigation of this case, P.W. 5 is the informant Kaili Devi and P.W. 6 is the formal witness who has proved exhibits 5, 5/1 and 5/2 which are the three medical reports of the doctor of Patna Medical College & Hospital. The defence has not examined any witnesses but has got paragraph 1 of the case diary exhibited which is the Patna High Court Sanha entry informing the police station that a lady had taken shelter at Matri Seva Sadan, Begusarai.