RAM GANIT YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal is directed against judgment of conviction dated 21.12.2006 and order of sentence dated 27.12.2006 passed by the learned Presiding Officer, Fast Track Court-I, Nalanda, in Sessions Trial No. 448 of 2006.

(2.) The appellant was tried after being indicted of committed offences under Sections 376 and 302 of the Indian Penal Code and was convicted of committing both the offences. He was directed to suffer rigorous imprisonment for ten years as also to pay a fine of Rs. 10,000.00 under Sec. 376 of the Indian Penal Code and in default of paying the fine the appellant was to suffer rigorous imprisonment for two year. He was, further, directed to suffer further rigorous imprisonment for life and pay an amount of Rs. 50,000.00 as fine for committing offence under Sec. 302 of the Indian Penal Code and in the event of making default in paying the fine amount of Rs. 50,000.00 he was directed to suffer rigorous imprisonment for a further period of three years. The sentences were to run concurrently.

(3.) Four-year-old-daughter of P.W. 3 Ramdeo Gope @ Ramdeo Yadav was sleeping with him in his Dalan, which as per his own evidence in paragraph 9, was used both as a cattle shed as also a resting place. He woke up to attend the call of nature and when came back he found that the little child was not there on the bed. He awoke P.W. 2 Devendra Prasad, his brother, who was also sleeping there and both brothers started a search for the little girl. They found this appellant Ram Ganit Yadav coming, carrying the child in his arms and as soon as the appellant saw P.Ws. 1 and 3, he threw the child into a potato field and ran away from there. Villagers got out of their beds on the hulla raised by the two brothers P.Ws. 1 and 3 and they could not, in spite of an attempt, arrest the appellant, who succeeded in making good his escape. Lastly, P.W. 3 Ramdeo Gope @ Ramdeo Yadav dictated his report to P.W. 2 Devendra Prasad and Exhibit 1, the written report, was filed in the Police Station.