STATE OF BIHAR Vs. SURESH RAM

JUDGEMENT

(1.) Prosecution case initiated on written application (Exhibit- 4) of Mahendra Ram (PW-7), in brief, is that on 20.5.2003 the marriage of Suman Kumari daughter of informant Mahendra Ram was solemnized at Bidupur Bazar. In the morning of 21.5.2003 informant found his daughter Soni Kumari aged about 13 years absent from the house. He started to search his daughter to neighbours and relations. In the morning of 24.5.2003, Pinki Kumari (PW-4) daughter of Lakhindra Ram reported the informant that she had seen Soni Kumari in company of Sanjay Ram and Akash Srivastava. From the same day Sanjay Ram and Akash Srivastava were also absconding from their house. Informant went to the house of Sanjay Ram asked whereabout of Soni Kumari, but he did not reply positively. Informant has claimed that Akash Srivasatava and Sanjay Ram were the persons who kidnapped his minor daughter Soni Kumari after persuading her from his residence with intent that she would be compelled to marry any person or be forced or seduced to illicit inter-course.

(2.) Initially charge sheet is submitted in the case against Sanjay Ram and Akash Srivasatava @ Golu Sinha. Trial commenced also against them with framing of the charge, but in course of trial accused respondents namely Suresh Ram and Akhilesh Kumar @ Akhilesh Ram @ Kalu Ram also summoned to face trial along with charge sheeted accused Sanjay Ram and Akash Srivasatava. Trial ended in acquittal of Suresh Ram and Akhilesh Kumar and conviction of Sanjay Ram and Akash Srivasatava. Acquittal of Suresh Ram and Akhilesh Ram is challenged by filing Government Appeal No.11 of 2006 and Revision No.851 of 2006 by informant of the case. Conviction of Sanjay Ram and Akash Srivasatava is challenged by filing Criminal Appeal No.775 of 2006 and 776 of 2006 respectively.

(3.) In all ten (10) witnesses are examined in the case, they are PW-1 Sanjay Ram, PW-2 Santosh Kumar, PW-3 Munia Devi, PW-4 Pinki Kumari, PW-5 Soni Kumari victim of the case, PW-6 Sanjay Kumar Sinha, Judicial Magistrate, Ist Class, Hajipur, who has recorded the statement of the victim girl under Section 164 of the Cr. P.C., PW-7 Mahendra Ram informant of the case, PW-8 Dr. Sunita Kumari, PW-9 Jugeshwar Yadav Investigating Officer of the case and PW-10 Vishwanath Mahto a formal witness.