NEPALI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment dated 18th February, 2003 and the order dated 20.2.2003 passed in Sessions Trial No. 218 of 1996 by Sri L.P.Singh, Presiding Officer, Fast Track Court, Munger, whereby he has been pleased to convict appellants Nepali Yadav and Dilip Yadav under Section 366 of the Indian Penal Code and sentenced them to undergo R.I. for five years and to pay fine of Rs.2,000/- and in default of payment to undergo R.I. for a further period of six months. He has further convicted appellant Dilip Yadav under Sections 376/511 of the Indian Penal Code and sentenced him to undergo R.I. for five years and to pay a fine of Rs. 2,000/- and in default of payment to undergo R.I. for a further period of six months.

(2.) The prosecution case, in brief, is that Mohini Kumari (PW 4) is the daughter of informant Rajeshwar Pd. Singh. In between the night of 18/19th March, 1995, the informant was sleeping in a room of his house along with his wife Jayanti Devi. In another room, which is inter-connected, his daughter Mohini Kumari was sleeping. In the midnight, appellant Dilip Kumar Yadav and Nepali Yadav along with three unknown persons entered into the house of the informant after scaling over the wall and thereafter they forcibly took away Mohini Kumari with them at the point of fire arms. Further case is that while the appellants were taking away the informant's daughter, she raised holla on which some villagers came and with their help the informant chased the appellant but they managed to run away along with his daughter Mohini Kumari. Further case is that the informant tried his best to recover his daughter but when he failed in his attempt he gave a written report at Sangrampur P.S. on 19.3.1995 at about 4.00 pm. Further case is that Mohini Kumari was recovered during investigation who narrated the incident according to which she was firstly taken to a lonely place and was forced to board on a jeep and thereafter she was taken to Jhajha and from there she was taken to Howrah by train and from Howrah she was brought to Cuttack where she was kept confined in a room. At Cuttack, a telegram was received which was sent by the family members of Dilip Kumar Yadav in which Dilip Kumar Yadav was asked to return back as the police was making pressure. Further case is that after receipt of telegram, Dilip Kumar Yadav brought the victim to Jamalpur and kept her confined in Shanker Guest House at Munger. In the next morning, the police raided the said Shanker Guest House and recovered the informant's daughter. It is said that accused Nepali Yadav had accompanied Dilip Kumar Yadav up to jeep. It is further said that appellant Dilip Kumar Yadav had tried to commit rape on victim Mohini Kumari while she was confined in a room at Cuttack but on resistance given by Mohini Kumari, accused Dilip Kumar Yadav did not succeed. After recovery of Mohini Kumari she was produced before the Chief Judicial Magistrate, Munger and thereafter she was handed over to her parents.

(3.) During the course of investigation the I.O. visited the place of occurrence, recorded the statement of the witnesses and got Mohini Kumari examined by the Doctor and thereafter on receipt of medical report the I.O. submitted charge-sheet against both the appellants on the basis of which cognizance was taken and the case was committed to the Court of Sessions.