SUNIL KUMAR CHOUDHARY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the State.

(2.) The appellant has been convicted under Sections 366A as well as 376 of the Penal Code and has been sentenced to undergo rigorous imprisonment for ten years each with a fine of rupees ten thousand and in default to pay fine, further, sentenced to undergo simple imprisonment for three months each.

(3.) The prosecution case, as alleged in the first information report by Krishna Choudhary, P.W. 4, the father of the victim, that on 14.09.2011 his daughter, Anjali Kumari (victim) went to school at 10.00 a.m., but, did not return in the evening, then, he made out a search and when he failed to search her out, got recorded a sanha in the evening at Danapur Police Station regarding her missing. Even after recording sanha he remained making out search heather and thither. On 15.09.2011 in the evening he got information that his daughter, Anjali Kumari, is lying unconscious near Chamarichak School. On this information the informant, along with his wife, Tunni Devi, P.W. 2 and his relative Jang Bahadur Choudhary, P.W. 1, went to Chamarichak. At Chamarichak they saw the victim, Anjali Kumari, lying unconscious at the Ota of Devi Chaura, where he found some female members of the village and they disclosed that the victim was lying unconscious near the School and they brought her here. Several attempts were made for bring her consciousness, but, in vain, then, the informant brought the victim to Danapur Hospital where she was treated, but, the victim has not got consciousness the doctor referred to the Patna Medical College Hospital, Patna, for treatment where the treatment of the victim has going on in Intensive Care Unit and till the filing of the written report, the victim was unconscious. The, further, case is that Anjali Kumari was kidnapped by one Sunil Kumar Choudhary about one week back as he has enticed her away, but, the victim returned on that day. Sunil Kumar Choudhary had threatened that he will destroy her and suspicion has been raised that Sunil Kumar Choudhary had enticed his daughter and kidnapped here along with 2-3 associates and have dome something wrong with her by which the victim got unconscious. On the written report, an endorsement was made for recording the first information report and consequently the first information report lodged on 16.09.2011 at 18.15 (06.15) p.m. After lodging of the first information report, the investigation proceeded and during the investigation the victim gained consciousness and was examined by the doctor on 15.09.2011 and statement of the victim under Section 164 of the Criminal Procedure Code has been recorded on 28.11.2011. The police after investigation submitted the charge sheet on which cognizance taken, case committed to the Court of sessions and, thereafter, framing of the charge, under Sections 366A and 376 of the Penal Code, the trial proceeded and the appellant has been convicted and sentenced, as mentioned above.