RANGILA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been Convicted under Section 366 (A) and 376 of the IPC and was sentenced to undergo R.I. for five years with a fine of Rs. 500/- and further sentenced to undergo RI for seven years with a fine of Rs. 500/ for the offence under Section 376 of the IPC. However, both the sentences were ordered to run concurrently.

(2.) The prosecution case, in short is that on 16-10-1998 Marachhi Devi, the daughter of the informant, was married with one Pahari Choudhary. It has been further alleged that on 10-10-1998 the appellants/Rangila, Choudhary, Hiram Choudhary and Nagendra Choudhary, kidnapped his daughter who was aged about 13 years. It has further been alleged that while she was taken by the accused persons she took away a box containing ornaments, clothes and cash worth Rs. 2000/-. According to the report his daughter was minor and as such she had no maturity of understanding of good or bad. She was kidnapped for selling her or to remarry or to force her to do any illicit inter course. His wife Sharda Devi, had also informed that the accused Rangila Choudhary had come to her house some time before the kidnapping and talked to her daughter and enticed away her On the written report of the informant the case was registered under the aforesaid sections and after completion of the investigation charge-sheet was submitted against three accused and on the basis of the charge-sheet cognizance was taken. The learned Magistrate committed the case to the Court of Sessions. The trial ultimately culminated in the conviction and sentence as discussed above.

(3.) The appellant pleaded not guilty, as he has committed no offence.