STATE OF BIHAR Vs. MANTU YADAV

JUDGEMENT

(1.) PROSECUTION case initiated on written application of informant Siya Ram Yadav, in brief, is that on 05.8.2002 at about 3.30 A.M. his daughter Kiran Kumari had gone to meet call of nature towards Kalia river with her grand mother. In the meantime, accused-respondent Mantu Yadav appeared there along with 3-4 unknown persons and forcibly taken away his daughter. This much was informed by the informant's mother after returning from the field further by informant to Mukhiya and other respectable persons of Mirzapur Panchayat. A written application was given to Mukhiya also as he could assist the administration. Application was sent to Amarpur police station by Phuli Dumer Officer-in-Charge and matter was investigated by himself. After concluding the trial, case is ended in acquittal of the accused-respondent validity of which has been questioned by filing this appeal by the State.

(2.) IN course of trial, in all eight witnesses are examined, they are PW-1 Jagdish Yadav, PW-2 Ramesh Yadav, PW-3 Ranjit Kumar Yadav, PW-4 Murto Devi, PW-5 Kiran Kumari @ Devi, PW-6 Siya Ram Yadav, PW-7 Dr. Krishna Sinha and PW-8 Parshu Ram Yadav.

(3.) BOTH the witnesses have been doubted on the point of going to meet the call of nature. On this point PW-5 states in Paragraph- 8 that they were going to meet the call of nature daily, but not at the time of incident rather at about 5.00 A.M. Same is statement of PW-4 made in Paragraph-4 that their time to go to meet the call of nature was not 3.30 a.m.. Reason behind doubt is shown presence of accused- respondent at that time. In my view also, if someone is chased, he can be waited at routine time or from a short earlier. Really victim was intended to be kidnapped she should never be waited since 3.30a.m. or earlier to it on the date of occurrence.