KABIR MALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 2-5-1990 passed by Sri Tarkeshwar Prasad, 2nd Addl. Sessions Judge, Jamshedpur in S. Tr. No. 37/88 through which the sole appellant was found guilty under Section 376, IPC and he was sentenced to undergo rigorous imprisonment for 10 years and he was further found guilty under Section 366-A, IPC and was sentenced to undergo rigorous imprisonment for seven years and it was further ordered that both the sentence will run concurrently.

(2.) The prosecution case, in short, is that informant Mansraj Baguri who is the brother of the victim girl submitted a written report to Sakeni Police alleging therein that on 9-11-1986 his sister Gita Kumari aged about 16 years in the evening at about 7 p.m. had gone out to bring water from public hydrant but she did not return. So a sanha entry was made. It has also been alleged that on enquiry the informant could learn that the appellant Kabir Mali who is the neighbour of the informant was also missing from that time and so it was suspected that Kabir Mali with the help of his brother and relations, namely, Chaman Mali, Raju, Paramjit Singh kidnapped her sister for immoral purposes. On the basis of the written report, this case was instituted as against the applicant and three others. During investigation, the victim girl Gita Kumari appeared before the Judicial Magistrate at Jamshedpur on 26-11-1986 alongwith accused Kabir Mali and so her statement was also recorded under Section 164, Cr. P.C. and as she refused to go with her parents she was remanded to Remand Home at Deogha. However, the police after completing the investigation submitted charge-sheet as against the appellant and three others.

(3.) The appellant claims himself innocent in the Court below and it is his defence that the victim girl was in love with her and she voluntarily left with this appellant and had gone to Calcutta and remained there for some time and their marriage was solemnised under the Special Marriage Act before the Special Registrar and the victim girl was major at that time. It is also the defence that subsequently when the police case was instituted, he alongwith victim girl surrendered in the Court of Judicial Magistrate and the victim girl also gave her statement under Section 164, Cr. P.C. admitting that she married the appellant and had left the house voluntarily with him. In that view of the matter, no case under Section 376, IPC or that of kidnapping is made out. However, the trial Court believed the prosecution story and convicted and sentenced the sole appellant in the manner indicated above. But the other three accused namely, Chamanlal Mali, Raju @ Amar Singh, Paramjeet Singh were acquitted of all the charges by the trial Court himself. Being aggrieved by and dissatisfied with this order of conviction, the sole appellant preferred this appeal.