RUPESH GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal has been called out. None appears on behalf of appellant. On account thereof, Mr. Arun Kumar Tripathi, has been requested to assist the court as an Amicus Curiae which he concedes.

(2.) Appellant, Rupesh Giri has been found guilty for an offence punishable under Section 354 IPC and sentenced to undergo RI for 2 years, to pay fine of Rs. 500/- in default thereof, to undergo SI for 1 month, under Section 363 IPC and sentenced to undergo RI for 7 years, to pay fine of Rs. 1000/- in default thereof to undergo SI for 3 months, under Section 366A IPC and sentenced to undergo RI for 10 years, to pay fine of Rs. 2000/- in default thereof to undergo SI for 6 months, under Section 304 (II) IPC, and sentenced to undergo RI for 10 years, to pay fine of Rs. 2000/- in default thereof to undergo SI for 6 months with a further direction to run the sentences concurrently vide judgment of conviction dated 13.01.2015 and order of sentence dated 17.01.2015 passed by Adhoc Additional Sessions Judge-3rd Samastipur in Sessions Trial No. 119/2013.

(3.) Pw-1, Rekha Devi recorded her Fard-e-beyan before police officials of GRP, Samastipur on 05.11.2012 at 2.00 AM at emergency ward, Railway Hospital, Samastipur disclosing therein that on 03.11.2012, she along with her daughter Nitu Kumari, Nanad, Sita Devi, Villagers, Jairam Kamti, Samtolia Devi and Mamta Devi had gone to Simaria for taking holy dip in the river, Ganga. After taking holy bath on 04.112012, all of them came to Barauni Junction awaiting arrival of relevant train to their destination. At about 9.00 PM, Katihar-Darbhanga train came. They boarded in the 4th bogie from the bogie of Guard. When the train came at Dalsingsarai, some of the passengers got down whereupon they had taken berth and slept, All of a sudden, one of the passengers raised alarm that whose girl is being kidnapped whereupon they awaken and saw one person carrying her daughter. They wanted to catch hold of but, the aforesaid miscreant jumped out from the running train carrying her daughter. They began to raise hue and cry. They also tried to stop the train, till then it halted at a station known as Nazirganj. All of them along with some of the passengers of that bogie got down came to the place of station master, narrated the incident who informed the GRP and after arrival search was carried out and during course thereof, near about outer signal of Nazirganj, both of them were traced out being in injured condition. Her daughter was unconscious while miscreant was conscious who, on query disclosed his identity as Rupesh Giri son of Umesh Giri of village- Pethiya Gachhi, P.S. Samastipur Town, District Samastipur.