BAIJU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Baiju Yadav has been found guilty for an offence punishable under Sections 365, 366A and 376 of the I.P.C. and sentenced to undergo rigorous imprisonment for five years as well as to pay fine appertaining to Rs.2,000/- in default thereof, to undergo simple imprisonment for one month additionally relating to Sections 365 and 366A of the I.P.C. respectively, to undergo rigorous imprisonment for seven years as well as to pay fine appertaining to Rs.5,000/- in default thereof, to undergo simple imprisonment for three months relating to an offence punishable under Section 376 of the I.P.C. vide judgment of conviction dated 22.01.2015 and order of sentence dated 23.01.2015 passed by the Additional Sessions Judge1 st, Benipur, Darbhanga in Sessions Trial No.136 of 2014.

(2.) Pw-3 Rajesh Kumar Yadav, who happens to be father of victim (name withheld, PW-4), on 02.12.2013 disclosing therein that on the same day at 9.30 a.m., his daughter had proceeded to school (Nand Kishore Uchch Vidhyalaya, Satighat) over bicycle. She happens to be aged about 16 years and a student of Class-X. When up till 4.00 p.m. she did not return whereupon they gone in search and during course thereof, he came to know that Baiju Yadav enticed her away. During the aforesaid activity, Kamlesh Yadav and Shiv Shankar Yadav actively associated themselves. It has also been disclosed that Mobile No.8002937447 belongs to his daughter while Mobile No.7352858400 belongs to Baiju Yadav which happens to be switched off.

(3.) On the basis of aforesaid written report, Kusheshwar Asthan P.S. Case No.396 of 2013 was registered followed with an investigation as well as submission of chargesheet after completing the same, paving way for the trial before Court of Sessions as offence being exclusively triable by the Court of Sessions which ultimately concluded in a manner, the subject matter of instant appeal.