STATE OF BIHAR Vs. RAKESH KUMAR @ DABLU

JUDGEMENT

(1.) Prosecution case initiated on written application of father of the victim Vijay Kumar Sinha P.W.5, in brief, is that his daughter Reshu Priya alias Neha Kumari, aged about 15 years, was giving matriculation examination in second sitting in the year 2004. When the examination was over she found disappeared (missing) suddenly. This much of the fact was informed to the Police Station on 24.3.2004. She was searched (traced) and informant could know that she was kidnapped by this accused Rakesh Kumar @ Dablu along with his parents, brother and friends. Suspicion rather fear appeared to informant that his daughter might be murdered or sold or induced to marriage. It is further said that earlier also his daughter was kidnapped by Rakesh Kumar on 27.1.2004 for which Bajpatti P. S. Case No. 11/2004 under section 366A of the Indian Penal Code was registered in which his daughter was recovered from possession of accused persons but some other statement was given by the victim daughter as she had gone to Mama's house and the act of kidnapping is repeated now.

(2.) Trial commenced with framing of charge. Witnesses examined, statement of accused respondent under section 313 of Code of Criminal Procedure was recorded by the court. Defence was given opportunity to adduce evidence and parties were heard but the trial ended in acquittal of accused respondent for the offence under section 366A of the Indian Penal Code.

(3.) In all ten witnesses are examined in the case on behalf of prosecution and they are P.W.1 Bindeshwar Mishra, P.W.2 Amod Kumar, P.W.3 Subodh Kumar, P.W.4 Mokim Baitha, P.W.5 Vijay Kumar Sinha, P.W.6 Reshu Priya alias Neha Kumari victim of the case, P.W.7 Dr Sangeeta Jha who has examined the victim Reshu Priya alias Neha Kumari, P.W.8 Renu Sinha mother of the victim, P.W.9 Ram Pukar Kushwaha and P.W.10 Paras Nath Singh, Subdivisional Judicial Magistrate, Sitamarhi Sadar who had recorded the statement of victim under section 164 of Code of Criminal Procedure.