SARAFAT MIAN; RAJU MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal No. 311 of 2003 and Cr. Appeal No. 343 of 2003 arise out of the same judgment and as such for the sake of convenience these two appeals have been heard together and the order passed in Cr. Appeal No. 311 of 2003 shall govern both these two appeals.

(2.) These two appeals are directed against the judgment and order dated 9.5.2003 passed by Shri Alok Chandra Prasad, 7th Addl. Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 206/137 of 1997/2001, convicting and sentencing the appellants under sec. 376/34 of the Indian Penal Code (in short as the IPC) to undergo rigorous imprisonment for ten years with a fine of Rs. 10,000.00 each and in default of payment of fine to further undergo rigorous imprisonment for three years. The amount of fine if deposited shall be paid to the victim girl.

(3.) Shortly stated the prosecution case as disclosed in the written report of First informant Laxman Prasad Gupta resident of village Baradhi Tola, RS. Akodhi Gola, District Rohtas filed before the officers in-charge of Akodhi Gola Police station on 23.9.1996 is that his daughter Chanchal Kumari, aged about 15 years had gone at the place of her Mausha, Nathuni Sah on 4.9.1996 on the occasion of Krishna Janamasthami alongwith her brother Rajesh Kumar. In the said night informant's neighbour Madhu Mian, Scooter Mechanic, kidnapped her for the purposes of marriage with the connivance of accused Sharafat Mian and Raju Mian. The informant further stated that delay in reporting the matter to the police occurred due to the time consumed in searching his daughter. The police on the basis of the written report of the informant registered Akodhigola RS. Case No. 66/96 dated 23.9.1996 and after investigation submitted charge-sheet against four persons including the two appellants namely Sharafat Mian and Raju Mian. After cognizance the case was committed to the Court of Session where charges under sections 366A, 366 and 376 IPC were framed against all the co-accused and the two appellants were also found guilty under sections 376/34 IPC and accordingly they were convicted and sentenced as mentioned above.