SANJU KUMAR, SANJAY YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these appeals arise out of the common judgment and order dated 6th September 2003 and 10th September 2003 respectively passed in Sessions Trial No. 98 of 1998 ( arising out of Phulwarisharif P.S. Case No. 31 of 1997) by Sri J.M. Sharma, learned 4th Addl. Sessions Judge, Patna and having been heard together is being disposed of by this common judgment. Both the appellants have been sentenced to undergo R.I. for 7 years for offence under Sec. 363 I.PC, to undergo R.I. for 7 years for offence under Sec. 366A I.P.C. and also pay a fine of Rs. 1,000/- each, to undergo R.I. for 10 years and pay fine of Rs. 2,000/- each for offence under Sec. 376 IPC and to undergo R.I for 7 years for offence under Sec. 450 IPC and each to pay fine of Rs. 1,000/-. It was directed that all the sentences will run concurrently.

(2.) It will not be out of place to mention here that whereas convicted accused Sanju Kumar filed his appeal, the other convicted accused Sanjay Yadav sent a petition from Jail and on the basis thereof this Court was pleased to appoint Smt. Madhuri Lata as Amucus Curiae on behalf of the said Sanjay Yadav.

(3.) The prosecution was set in motion when one Ganesh Sao submitted a written report before the Incharge Gopalpur O.P. alleging therein, inter alia, that earlier that day (i.e. 23.1.1997) he received information from one Hilan Sao to the effect that two boys had kidnapped his niece Renu Kumari. It is said that on receipt of such information he rushed to his house where he learnt from his mother that at about 9 P.M. Sanjay Yadav and Sanju Kumar of Mohalla Changar within Kankarbagh P.S. had forcibly entered into the house damaged house hold articles and had taken away her grand daughter Renu Kumari at the point of pistol with the intention of committing rape. It is further said that although the mother of the informant raised hulla none from the neighbourhood came to her rescue as they were afraid of the armed miscreants. It is further said that thereafter the informant in the company of his mother and his brother Hilan Sao searched for Renu Kumari in the neighbourhood without any success and, therefore, he approached the police with the written report.The informant has further stated that Renu Kumari the daughter of Jawahar Lal Gupta of village Sirpatpur within Gaurichak police station was his niece (Bhagini) and was studying from his house and that she was aged about 14 years.