PAPPU TANTI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Dhanendra Chaubey, learned counsel for the appellant and Mr. A. M. P. Mehta, learned APP for the State.

(2.) This appeal has been filed under Sec. 374(2) of the Code of Criminal Procedure Code, 1973 (hereinafter refereed as 'Cr.PC') against the judgment and order of conviction dtd. 14/7/2008 and 18/7/2008 respectively passed by the learned Sessions Judge, Bhagalpur in Sessions Trial No. 742 of 1999, G.R. Case No. 243 of 1999 arising out of Kahalgaon (Ghogha) P.S. Case No. 34 of 1999 whereby and where under the appellant has been convicted for the offences punishable under Sec. 366(A) and 376 of the Indian Penal Code (hereinafter refereed as 'IPC') and sentencing him to undergo rigorous imprisonment for seven years and a fine of Rs.5,000.00 and in default of payment of fine one year sentence the appellant would serve and rigorous imprisonment for ten years and a fine of Rs.5,000.00 and in default one year more imprisonment would serve by the appellant and both the sentences shall run currently.

(3.) The case of prosecution in brief is that on 6/2/1999 at about 8.00 AM. the informant's niece namely Poonam Kumari aged about 15 years went to school to take Admit Card for the Matriculation Examination. When she did not returned till 1.00 PM. her mother informed the informant. The informant along with his Bhabhi went to school to search her, but the school was closed. When they came in the market at the shop of Pappu Tanti, where his brother Anand Tanti was present at the shop who told Pappu has gone to Bhagalpur for purchasing cosmetic goods for the shop. It was apprehended that Pappu Tanti had kidnapped Poonam Kumari for the purpose of marriage.