MD. ISMAIL ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction dated 18-5-1995 the appellant preferred this appeal.

(2.) On the basis of information filed by Deo Kumar Nayak (Mama of the victim girl), FIR was lodged on 21-8-1991. Aitegation, inter alia, was that his 13 years old Bhagani was missing since 16-2-1991 and after enquiry, he could know that she was kidnapped by the appellant and kept her at Ranchi. The case was registered at Gumla and police recovered the girl and her statement under Section 164, Cr. P. C. was recorded. After investigation chargesheet was submitted and case was committed to the Court of Sessions. During course of trial, the victim girl namely, Jatri Kumari was examined as PW 5 and she told the name of some other accused persons and on such disclosure, co-accused ware summoned to face the trial. At the first instance, 5 PWs were examined, out of which PWs 1 and 2 are formal in nature. PW 3 is the informant, PW 4, Nagu Naik is the father of the victim girl. PW 5 is the girl, who was said to have been kindapped.

(3.) On behalf of the appellant, DW i, Om Prakash Singh, the Magistrate was examined who recorded the statement of the girl under Section 164, Cr. P. C. DW 2 is a formal, who proved the signature of jailor on the letter. Ext. A is the statement under Section 164 and medical report dated 26-4-1991 is Ext. 2.