BHAGIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE five appellants were charged with kidnapping and under a separate charge, with abduction, both under Section 366, Indian Penal Code, and were found guilty of both the charges, the three male appellants have been awarded a sentence of five years rigorous imprisonment each and the two female appellants, one year's rigorous imprisonment each for kidnapping and no separate sentence has been passed for the offence of abduction.

(2.) APPELLANT Satyadeo Dubey and Kapildeo-Dubey are uterine brothers and Mt. Bhagia is their mother. APPELLANT Chandradeo Dubey is the husband of appellant Mt. Surji and these two appellants live in a separate house from the other appellants, although, Chandradeo Dubey is an uncle of Satyadeo and Kapildeo. They are all residents of mauza Chochahi Tole Batrolia within Paroo Police Station of the district of Muzaifarpur. The girl, said to have been kidnapped is Sumitra Devi (P. W. 14) and is said to have been minor on the date of alleged kidnapping on the 19th August, 1962, from a house situate in the same village where the appellants come from. Her father is Jagdhari Dubey (P.W. 13) and her mother is Champa Devi (P. W. 8) and her uncle is Bajdhari (P. W. 11). Mabeshwar (P. W. 1), a child aged about ten years, is her own brother. They all lived in the same house with the girl but her father, who was a constable at Patna at about the time of occurrence, was on leave for a few days. The girl (P. W. 14) was unmarried at the time of occurrence, though, she has since been given in marriage to one Kapildeo Pathak of a different village,

(3.) A written report (Ext.1) about the kidnapping and abduction of the girl was made by her uncle (P. W. 11) at the Thana at Paroo, some 5 miles from the place of occurrence at 12 p. m. on the 19th August, 196, before the Assistant Sub-Inspector of Police, Suraj Kant Mishra (P. W. 19). He registered a case and proceeded with the investigation of it. He visited the house of the girl the same evening and examined a number of witnesses. He made enquiries about the girl and the appellants but. they were not to be found. He continued his search but they were not to be found. He continued his search but the girl was not traced. He submitted charge sheet on the nth November 1962 and is was thereafter that the girl was recovered on the 4th December, 1962, when she was taken to the thana and her statements were recorded. She was medically examined by Dr. (Miss) E. C. Agarwal (P. W 15) on the 8th December, 1962, at 4 p. m. According to the lady doctor, the girl was 17 years of age at that time the appellants were put on trial before the Additional Sessions Judge, after usual commitment enquiry.