SANJAY KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE three appeals arise out of a common judgment passed by the 2nd Additional Sessions Judge, Khagaria in Sessions Case No. 190 of 1993. The appellant Sanjay Kumar Sharma has been convicted under Section 363 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years along with a fine of Rs. 1000/-, in default of which, to undergo rigorous imprisonment for three months. The appellants Pankaj Kumar Sharma and Manoj Sharma have been convicted under Section 363/120B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years along with a fine of Rs. 1000/-, in default of which, to undergo rigorous imprisonment for three months.

(2.) THE occurrence is said to have taken place in the night of 7th/8th November, 1982. The First Information Report has been instituted by the father of the victim girl, namely, Sadanand Sharma. According to the case made out in the First Information Report, it is said that when he returned home on 8th morning, he saw crowd of persons outside his house. When he entered his house, he learnt that his daughter Guria was missing from the house. The mother discovered her absence in the morning. She found that the door of the house was open and her daughter was missing. It is also said that the victim girl had taken with her Rs. 2,000/- cash and some other articles. The informant has stated that Sanjay Kumar, Manoj Kumar Sharma and Manoj Kumar Pandit were also missing from the village. He alleges that Lakhan Lal Sharma and Manoj Kumar Sharma always carry illegal arms with them and often threaten the villagers. He alleges that these persons are responsible for eve- teasing in the village. On the basis of the aforesaid facts, the investigation in this case commenced and the trial started.

(3.) PW 4 Sushma Devi is the mother of the victim girl. She has stated that she came to know from PW 2 that her daughter and the appellants were seen near the Bandh (embankment) of the village. She claims that her daughter had passed her matriculation examination and has also passed her I.A. examination. The certificates regarding the age of the victim girl, although available with PW 4, were not produced by her to establish the age of the victim girl.