SUBODH MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 363 IPC and sentenced to RI for five years and a fine of Rs. 1,000/- in default of which further imprisonment for one year RI by the 9th Additional Sessions Judge, Munger in Sessions Case No. 318 of 1999 by judgment and order dated 09.08.2000.

(2.) The case of the Informant, Raghunandan Mandal is that his daughter aged about nine years and his grand son aged about five years had gone to Sitakund for taking bath. His grand son was offered sweet by the Appellant and thereafter taken him away. The informant having learnt about this occurrence came there and not finding him there he speculated that his grand son had been kidnapped on account of previous enmity since the Appellant had been put to loss while doing business with him.

(3.) P.W. 1, Dholan Singh who is eye-witness to the occurrence has been declared hostile. P.W. 2 has also been declared hostile.