SHANKAR SHARMA AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appellants have preferred this appeal against their respective conviction for the offences punishable under Sections 366(A) of the Indian Penal Code (Appellant no.1) and 376 of the Indian Penal Code (Appellant no.2) and sentences to undergo rigorous imprisonment for seven and five years respectively for the offences under Sections 376 and 366(A) of the Indian Penal Code which are to run concurrently as awarded on 26th of March, 2001 by learned 4th Additional Sessions Judge, Purnea in Sessions Trial no. 394 of 1991 arising out of K.Nagar P.S.Case no. 114/1991.

(2.) The prosecution on the written application filed by P.W.2 on 19.5.1991 has come out with a case that in absence of the informant his minor sister aged about 14-15 years was taken away in the evening of 15.5.1991 by the appellants and their associates with ulterior motive as intimated to him by his mother (P.W.4) and when in spite of search she could not be traced out, the police was informed.

(3.) During trial the prosecution has produced solitary documentary evidence (Ext.1), the medical examination report, granted by P.Ws. 5 and 6 besides examined altogether six witnesses.