STATE OF BIHAR Vs. BHOLA MISTRI

JUDGEMENT

(1.) Prosecution case initiated on fard-bayan of one Satyanarayan Singh (PW-8), in brief, is that Rajiv Kumar @ Sujit Kumar son of accused-respondent no.1 was working to him as driver of his tracker and was residing at Mohalla Mirzapur Town Police Station, Nawada. Accused-respondent no.2 was in habit to come there. For accused no.1 and his son, it is said that they were in habit to visit informant's house. On 22.8.2003 at about 4.00 P.M., informant's daughter was found missing from his house. Suspicion is cast against Patna High Court G. APP. (SJ) No.9 of 2006 dt.12-12-2012 accused-respondents and one Rajiv Kumar @ Sujit Kumar about kidnapping of his daughter. Trial is ended in acquittal of both the accused-respondents, validity of which has been challenged by filing this appeal on behalf of the State of Bihar.

(2.) In all, eleven (11) witnesses are examined in the case including victim, her father, her sisters, Investigating Officer and doctor who examined the victim girl. They all have been well discussed by the trial Court. Victim girl daughter of the informant may be the best witness to state her kidnapping. Her statement is that on the day of incident, she was at her home, co- accused Rajiv Kumar @ Sujit Kumar came there reported about meeting of accident of her father. She accompanied him, came to Nawada where accused- respondent no.1 was found present. They took her to Gaya from where coaccused Rajiv Kumar took her to Amritsar then to Delhi from where she was recovered. Age of the victim is relevant in the case. She is examined in the case as PW-9 and stating her age 17 years. She is examined by a Board of Doctors. Her age has been assessed 17 to 18 years as stated by PW-11 one of the doctors of Board. There remains margin of two years in medical opinion. So, that exceeds 18 years that is relevant for her kidnapping. No force was ever used in her statement, nor any role is played by accused-respondent no.1 nor presence of accused- respondent no.2 is stated. So, there can be no their involvement if the incident was really of kidnapping and not of eloping even. That has been considered by the trial Court also. So, that needs no interference. Accordingly, the Government Appeal as well as Criminal Revision is dismissed hereby.