SANJAY KUMAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) As the learned counsel for the appellant failed to appear in Criminal Appeal (SJ) No. 352 of 2015 on account thereof, Mr. Arun Kumar Tripathi, learned advocate has been requested to assist the court as an Amicus Curiae.

(2.) Criminal Appeal (SJ) No. 352 of 2015 wherein Sanjay Kumar Choudhary is the appellant and Criminal Appeal (SJ) No. 389 of 2015 wherein Pawan Kumar Choudhary is the appellant commonly originate against the judgment of conviction and sentence dated 02.06.2015 passed by Additional Sessions Judge, IIIrd, Katihar in Sessions Trial No. 206/2011 whereby and whereunder both the appellants have been found guilty for an offence punishable under Section 366/34A of the IPC and sentenced to undergo R.I. for seven years as well as to pay fine Rs. 5000/- and in default thereof, to undergo R.I. for six months, under Section 372/34 IPC and sentenced to undergo R.I. for eight years as well as to pay fine appertaining to Rs. 10,000/- in default thereof to undergo R.I. for six months, under Section 376/34 of the IPC and sentenced to undergo R.I. for ten years, to pay fine of Rs. 10,000/- and in default thereof, to undergo R.I. for six months with a further direction to run the sentences concurrently, with a further direction that in case of deposit of fine amount, 75% thereof, should be paid to the victim.

(3.) PW.5, Bijendra Jha, father of the victim, (name withheld, PW.4) filed written report before the Officer-in-charge, Falka P.S. on 04.03.2010 disclosing therein that he happens to be private tutor and on account thereof, he used to remain away from his house at morning as well as evening hour. Rakesh Choudhary, Amit Mandal, Pawan Choudhary, for the last fifteen days on one pretext or other used to visit although, he had objected over their activity. On 27.02.2010 when he returned back after tuition, his daughter Prem Lata aged about five years, who was weeping disclosed that the persons who were coming since before took away the victim (name withheld), aged about sixteen years. No sooner than, he rushed to the place of Rakesh Choudhary and disclosed the event before his father Arbind Choudhary whereupon, he instructed to calm down as, his daughter will be returned back. Days have gone and then lastly on 02.03.2010 at evening hour, he disclosed that he is unable to trace out his son whereupon, being apprehensive regarding fate of his minor daughter who might be forced to indulge in prostitution, in sexual activity against her will, or any other illegal activity at the ends of the accused persons.