DIMPAL KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present criminal appeal has been preferred under Sec. 413 of the B.N.S.S., 2023 against the judgment of acquittal dtd. 8/5/2025 passed by the learned District & Additional Sessions Judge-I, Bhagalpur in S.T. Case No. 636 of 2012, arising out of Kahalgaon (Rasalpur) P.S. Case No. 366 of 2007, whereby Respondent Nos. 2 to 4 have been acquitted by the learned trial court from the charge of Ss. 366A and 376/34 of the Indian Penal Code.

(2.) The prosecution case, according to the fardbeyan of the informant, is that on 28/9/2007 at about 8:30 AM when she was going to college at Sabour, on the way at Village Bholshar, Kamdev Pandit (respondent No. 2) and Hareram Pandit (respondent No. 4) met her and suggested her to marry with Bambam @ Suman Pandit (respondent No. 3) as he works in Delhi and that after marriage they will stay in Delhi and they(respondent Nos. 2 and 4) will bear the expenses. They further informed the informant that Bambam @ Suman Pandit has come to Bhagalpur and he is at Railway Station. The informant revealed that she was in love affair with Bambam @ Suman Kumar. Both Kamdev Pandit and Hareram Pandit took her to Railway Station on Tempo and on the way Kamdev Pandit purchased cloth for her and also gave Rs.500.00 to her. Bambam @ Suman was at Railway Station. Kamdev Pandit purchased tickets for them and Bambam @ Suman took her to Delhi assuring her for marriage. On 29/9/2007, informant reached Delhi and went at Azad Nagar with Bambam @ Suman, lived with Bambam @ Suman for two nights during which Bambam @ Suman made physical relation with her and on protest by the informant, he stated that he will marry her. Informant came to know on mobile phone that her father has given Sanha in police station regarding her missing and police is inquiring from Hareram Pandit. Hareram Pandit informed Bambam on mobile phone that police is searching them. Bambam told her that their parents became ready for their marriage and on believing him, she returned to Bhagalpur on 2/10/2007. Kamdev Pandit and Hareram Pandit took her to Prasadi Mandal at Ghogha on tempo from Bhagalpur Railway Station saying that their marriage will be taken place there, and on that night she stayed there. On 3/10/2007, the informant said Kamdev Pandit to call her parents, then the accused persons said that no marriage will be taken place now because her father has filed the case. Bambam @ Suman Pandit ran away from there and somehow the informant informed her parents on phone.

(3.) On the basis of fardbeyan of the informant, Kahalgaon (Rasalpur) P.S. Case No. 366 of 2007 was instituted under Ss. 366A and 376/34 of the I.P.C. and investigation was taken up by the police. The police after investigation submitted charge-sheet against respondent Nos. 2 to 4 and, accordingly, cognizance was taken. Thereafter the case was committed to the Court of Sessions. Charges were framed against the accused persons to which they pleaded not guilty and claimed to be tried.