(1.) The present appeal has been preferred against the judgment dtd. 15/3/2023 passed by Ld. Additional Sessions Judge Ist -cum- Special Court (SC/ST) Madhubani in Trial Case No. 690 of 2022 arising out of Babubarhi P.S. Case No. 38 of 2018, corresponding to G.R. Case No. 304 of 2018, whereby all the accused, who are private Respondents herein, were acquitted of all the charges framed under Ss. 302, 201, 364 read with Sec. 34 of the Indian Penal Code and Ss. 3(2)(v)/3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989.
(2.) The prosecution case as emerging from the written report is that 25 years old Bipin Kumar, son of the informant has been missing since 9.00 PM on 13/2/2018. The informant did at his level, but he was not traced. The Mobile No. 7903695126 was found closed. The informant expressed his apprehension that his son Bipin Kumar has been kidnapped by unknown persons and hence, informant requested the Police to take expeditious legal action in this regard.
(3.) On the written report of informant Ghanshyam Paswan, Babubarhi P.S. Case No. 38 of 2018 was lodged against unknown persons for offence punishable under Sec. 363 of the Indian Penal Code.