KARI MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the above stated criminal appeals have been preferred against the judgment of conviction dated 31.5.2000 and sentence order dated 6.6.2000 passed by learned Addl. Sessions Judge-I, Madhepura in Sessions Trial No. 325/1998 by which and whereunder he convicted all the appellants for the offence punishable under Section 366 Part-II of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for seven years and also convicted appellant in Cr. Appeal No. 241/2000, namely, Kari Mian for the offence punishable under Section 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years. However, his both the sentences were ordered to run concurrently. In brief, the prosecution case, is that P.W. 5, Biswanath Yadav gave his fardbeyan to Officer-in-Charge of Bihariganj Police Station on 23.6.1998 to this effect that on 17.6.1998 when he returned to his home at about 9 p.m. from Bihariganj market, his Sarhaj Maya Khatoon (P.W. 4) informed him that on the same day at about 7 p.m. his daughter, namely, Reena Kumari was called by appellant Urmila Khatoon and thereafter Reena Kumari went to courtyard of the appellant Urmila Khatoon. P.W. 4 also followed her and when she reached in courtyard of Urmila Khatoon, she found Urmila Khatoon, Nunu Singh, Gandhi Jha, Parmila Khatoon, Md. Munna, Baby Khatoon, Md. Jabed and Md. Kari Mian present in the courtyard of Urmila Khatoon. P.W. 4 further stated that when she reached there Urmila Khatoon asked her to go back and assured her that Reena Kumari would return very soon. P.W. 4 returned to her home but when after some time, she called Reena Kumari, no one replied and then she went in courtyard of Urmila Khatoon and nobody was there and house was found lock. She started searching Reena Kumari but could no succeed to trace her out. P.W. 5, after knowing the aforesaid fact, came at his house and he, too, made hectic search of his daughter but could not trace her out and after that he went to the concerned police station and gave his statement.

(2.) On the basis of the statement of P.W. 5, Bihariganj P.S. Case No. 115/1998 for the offence under Section 366/34 of the Indian Penal Code was registered and formal FIR was drawn up against the appellants and three others, namely, Md. Munna, Baby Khatoon as well as one Parmila Khatoon.

(3.) P.W. 8, namely, Kamre Alam, the then ASI, Bihariganj Police Station, took the charge of investigation and he inspected the place of occurrence and recorded the statement of witnesses and in course of investigation recovered victim girl (P.W. 6) from the house of Kari Mian of Village-Sarauni. He sent victim girl (P.W. 6) for medical examination and obtained medical report of P.W. 6. This witness after completion of investigation submitted charge-sheet against the appellants and three others. The cognizance of the offence was taken and the case of the appellants and one Parmila Khatoon was committed to the Court of Sessions.