SANJEEV KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) As both the appeals, preferred under Sec. 374(2) of the CrPC, arise out of the same judgment of conviction dtd. 13/9/2021 and the order of sentence dtd. 15/9/2021 passed by the learned Additional Sessions Judge-VIth-cum-Special Judge POCSO Act, Samastipur, in T.R. No. 184 of 2021 and R.N. No. 1163 of 2018, they have been heard together and are being disposed of by the present judgment and order. By the judgment and order aforesaid, the appellants have been convicted and sentenced as under: - <IMG>JUDGEMENT_60_LAWS(PAT)10_2023_1.jpg</IMG>

(2.) All the sentences have been directed to run concurrently.

(3.) The victim's father (PW 1) is the informant of the concerned Kalyanpur P.S. Case No. 164 of 2018 registered for the offence punishable under Ss. 363, 366-A, 354-D, 343 read with 34 of the IPC. A written report of the informant, addressed to the Officer-in-Charge of Kalyanpur Police Station, is the basis for registration of the said FIR on 6/10/2018. According to the allegation in the FIR, on 1/10/2018 at about 3 A.M., when the informant's minor daughter (aged 13 years) had come out her house for easing herself, four persons, named in the FIR, viz. Santosh Sahani @ Bantha (appellant), Sachindra Sahani, Sanjeev Kumar @ Bitthu @ Bittu (the appellant) and Manjay Sahni were waiting out the house in a Bolero vehicle and all of them kidnapped the victim in the said vehicle. An oral information was given to Officer-in-Charge of the Police Station on the same day and the family members started searching for the victim. Under social pressure, it is alleged, the victim was released and dropped at 2 PM at a place called Gopalpur barrage. The informant belonged to Scheduled Caste.