LAWS(PAT)-2017-5-54

DILIP PASWAN Vs. STATE OF BIHAR

Decided On May 22, 2017
Dilip Paswan Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The sole appellant Dilip Paswan has been found guilty for an offence punishable under Sec. 366 I.P.C. and sentenced to undergo rigorous imprisonment for 7 years, fine of Rs. 5,000.00 and in default thereof, to undergo rigorous imprisonment for six months additionally, under Sec. 376 I.P.C. directed to undergo rigorous imprisonment for 8 years, fine of Rs. 5,000.00 and in default thereof, to undergo rigorous imprisonment for six months additionally, with a further direction to run the sentences concurrently by the Additional Sessions Judge-III, Katihar in S.T. No. 26 of 2014 vide judgment of conviction dated 29.06.2015 and order of sentence dated 30.06.2015.

(2.) P.W.-6 Sunil Kumar Bharti @ Guddu Kumar Paswan had filed a written report on 19.07.2013 disclosing therein that his younger sister Pinki Kumari, a student of class-Xth, aged about 15 years, had gone to purchase Chocolate and Biscuits for her niece but did not return back. He made hectic search but in vain. He shown suspicion against Dilip Paswan, Sanju Paswan and his brother-in-law, who used to loiter around his house even in night. The informant enquired the reason from them but they refused to answer. Furthermore, it has been narrated that Dilip Paswan had abused him several times on telephone bearing SIM No. 9852633855.

(3.) On the basis of the aforesaid written report, Town P.S. Case No. 363 of 2013 was registered under Sections 363 and 366A of the Indian Penal Code and investigation was taken up. During the course thereof, the victim was recovered, her statement under Sec. 164 Crimial P.C. was recorded, she was medically examined and after collecting relevant materials, I.O. filed charge-sheet by way of concluding investigation facilitating the trial which ultimately concluded in conviction of the appellant, hence this appeal.