SITARAM MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mrs. Sarandha Suman, learned counsel for the appellant(Amicus Curiae) and Mr. Ram Chandra Singh, learned A.P.P for the State.

(2.) This appeal has been preferred by the appellant being aggrieved and dissatisfied with the judgment of conviction and order of sentence dtd. 31/5/2006 passed by the learned Additional District and Sessions Judge, Fast Track Court, IV, Katihar in Sessions Trial No. 508 of 1996, arising out of Kursela P.S. Case. No. 52/1995, whereby and whereunder the appellant was found guilty and convicted for the offences punishable under Ss. 363 and 366(A) of the Indian Penal Code and he was sentenced to undergo rigorous imprisonment for a period of three years under Sec. 363 of IPC and to undergo rigorous imprisonment for Five years under Sec. 366(A) of the IPC. The appellant was also directed to deposit the fine of Rs.500.00 under each Sec. respectively and in default of payment, he was sentenced to undergo rigorous imprisonment for three months respectively.

(3.) The prosecution case as per the Fardbeyan of the F.I.R, the informant(Naresh Kumar Mandal, P.W.-1) on 14/8/1995, he got his statement recorded before the officer-in-charge of Kurshela Police Station alleging therein that on the date of alleged occurrence, when he did not find his sister at his house then a hectic search was made but went in-vain. Later on, he came to know that at the house of the appellant, the other co-accused Chandeshwari Mandal and Ashok Mandal had come but now they are not there. Thereafter, he also came to know that at the instance of the appellant, the other co-accused has been enticed away the victim. Ultimately, the victim was found near the Bihpur Railway Station, where the victim disclosed that the accused Chandeshwari Mandal and Ashok Mandal had brought her.