RAJUL BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Rajul Bind has been found guilty for an offence punishable under Sections 366 and 376 of the I.P.C. and under both heads has been directed to undergo rigorous imprisonment for seven years as well as to pay fine appertaining to Rs. 1,000/- and in default thereof, to undergo simple imprisonment for a month, additionally with a further direction to run the sentences concurrently having the period undergone during trial set off under Section 428 Cr.P.C., 1973 vide judgment of conviction dated 19.12.2014 and order of sentence dated 23.12.2014 passed by the Additional Sessions Judge-3rd, Katihar in Sessions Trial No. 270 of 2010/431 of 2010.

(2.) PW-2 Rabia Khatoon had filed written report before the Superintendent of Police, Katihar alleging inter alia that her daughter (name withheld PW-1) aged about 15 years while had gone to bring vegetables from Manihari Market on 31.10.2009 at about 5.00 p.m., did not return. On account thereof, she gone in her search, but could not get a clue. In the aforesaid background, she shown her apprehension against the appellant Rajul Bind to have kidnapped her as, about a year ago, he had taken Rs. 10,000/- from her on the pretext that they will bifurcate profit half and half from the earning by selling 'striped guard' (Parwal). She was insisting for the aforesaid amount for which, Rajul Bind was threatening that if you persist in demand then, she will have to face its consequence. Out of fear, she had not complained. After disappearance of her daughter, wife of Rajul Bind was threatening that she will commit suicide and will implicate her. Sons of Rajul Bind namely Karwa and Dharmendra were threatening to ravish as well as to commit loot of her belongings as well as to kidnap her sons and so, it has been prayed that necessary steps be taken in the aforesaid circumstance.

(3.) The aforesaid written report was forwarded to the local police as a result of which, Manihari P. S. Case No. 143 of 2009 was registered under Section 366A of the I.P.C. and as is evident, first of all, accused Dharmendra was apprehended whereupon, charge-sheet was submitted against him keeping the investigation pending against the others against whom, supplementary charge-sheet was submitted and that being so, the trial commenced and concluded in a manner, the subject matter of instant appeal.