NAGESHWARI DEVI AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the Appellants have been convicted under Section 366 I.P.C. whereas Appellants No.2 and 3 have been sentenced to R.I. for five years and a fine of Rs.2000/- in default of which further R.I. for six months and the Appellant No.3 has been sentenced to S.I. for six months by a judgment dated 21.1.2002 and 22.1.2002 passed by the Additional Sessions Judge VI, Begusarai in Sessions Trial No.333 of 1990.

(2.) The case of the prosecution according to Informant Prabhash Jha is that about a month back his minor sister Putan @ Sudha Kumari, aged about 8 years, had been sent to his brother-in-law through his cousin sister Lukho Devi as the said Lukho Devi was coming to his Sasural. His other cousin sister was living at village Rajaura and, as such, the said Lukho Devi was instructed by her brother-in-law to get the victim carried to her destination. However, his sister was not sent there and instead they abducted her for purpose of marriage to Ram Bhujawan, Appellant No.2. She was subsequently recovered.

(3.) During trial the prosecution examined four witnesses in all. Out of whom, P.W.1 Ram Naresh Jha happens to be the father of the victim, who stated that his daughter had been sent to his elder daughter Anita accompanied by Lukho Devi but she instead of taking her to Anita, took her to her own sister and leaving her there she went to her own Sasural. Then Ram Briksha took the victim to Tetri where they faced some sort of trouble in getting the victim and the police was informed, after which she was recovered. He stated that the victim was aged about 8-9 years at the time of occurrence. He could not however say as to from where or whose possession his daughter had been recovered.