PREM SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Revision application is directed against the judgment and order dated 8-3-1991 passed by IInd Additional Sessions Judge, Bhagalpur dismissing petitioner's Criminal Appeal No. 59/90 in part and confirming the judgment and order dated 25-8-1990 passed by Ilnd Assistant Judge. Bhagalpur in Sessions Case No. 309/82 in so far it related to the conviction and sentence of the petitioner under Sec. 376 of the Indian Penal Code. The petitioner was convicted and sentenced to seven years' rigorous imprisonment and a fine of Rs. 1000.00 for the offence under Sec. 376 of the Indian Penal Code by the trial Court. He was further convicted and sentenced for the offence under Sec. 366 of the Indian Penal Code by the trial Court. On appeal, the appellate Court acquitted the petitioner of the offence under Sec. 366 of the) Indian Penal Code but upheld his conviction and sentence under Sec. 376 of the Indian Penal Code.

(2.) Petitioner was tried on the allegations that he had kidnapped 14 years minor girl Maya from village Koyala. P.S. Mahagama, District Godda. Maya was residing with her brother-in-law at 'Kahalgaon. It was alleged that in the night of 27th July, 1980, when her brother-in-law woke up in the night he found Maya missing from the room. On search, it was informed by some villagers that they had seen petitioner and Maya in the same night and boarding on train in the same night. The first information report was lodged by Smt. Madhilbati Wala Ghosh, the mother of Maya on 30-7-1980, Maya was subsequently recovered from the house of the petitioner's father's sister at Banka where she was said to have been taken by the petitioner. Maya was said to have been raped by the petitioner while she was kept at the house of the petitioner's father's sister.

(3.) After investigation police submitted charge - sheet. The petitioner pleaded his innocence and alleged false implication.