GAYA YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Kamal Kumar Sinha, learned Counsel, appearing on behalf of the appellant, and Mr. A.K. Sinha, learned Additional Public Prosecutor, appearing on behalf of the respondent.

(2.) The present appeal has been preferred against the judgment and order, dated 20.08.2015, passed, in Sessions Trial No. 35 of 2015/202 of 2011, arising out of Mufassil Police Station Case No. 113 of 2010 (G.R. No. 2404 of 2010), by the 6th Additional Sessions Judge, Gaya, whereby and where under accused Raju Yadav (respondent No. 2) has been acquitted of the charges under Sec. 366 read with Sec. 34 and Sec. 376 (i) of the Indian Penal Code.

(3.) Mr. Sinha, learned Counsel, for the appellant, contends that though there was a clear-cut allegation against the accused persons of having taken the wife of the informant (PW 1), while she was going to her Naihar (i.e., parental house) from her Sasural (i.e., matrimonial house) on 10.07.2010 at 12 Noon and that there are sufficient incriminating materials for convicting the accused persons under Sec. 366 read with Sec. 34 of the Indian Penal Code, the learned trial Court, ignoring the evidence on record, has acquitted the accused persons, resulting in serious prejudice to the informant and the victim (i.e., the informant's wife).