DHANESHWAR THAKUR Vs. STATE

JUDGEMENT

(1.) This is an appeal from the judgment of the 2nd Additional Sessions Judge, Dumka, dated 31-1-57, convicting the appellant, Dhaneshwar Thakur, of village Saikhore under Section 366, I. P. C., and sentencing him to undergo rigorous imprisonment for two years.

(2.) The facts of the prosecution case are short and simple. Badamia (P. W. 5), aged 17 years, was the legally wedded wife of Aghnu Rawani (P. W. 2) of mauza Bhurandiha. On 18-9-55 she disappeared from the house of her husband. A search was instituted by the members of her family, but to no effect. On the following morning Aghnu went to the house of his father-in-law, but she was not found there also. Then he lodged sangha at the police station. On 15-10. 55 Aghnu received information that his wife had been kept by the appellant in his house- Me lodged the first information report at the Saraiyahat police station on 16-10-55. The Assistant Sub Inspector (P. W. 19) went to the house of the petitioner and recovered her from his house. The prosecution case was that she had been forcibly carried away by the appellant from the lawful possession of her husband with the intent to force her to have illicit intercourse.

(3.) The appellant pleaded not guilty and denied in toto the allegations of the prosecution. He admitted that Badamia was living in his house and was recovered therefrom by the police. His defence is that she came to his house of her own accord and was working there as his maid-servant.