AHMAD MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application is directed against the ment of conviction passed in Sessions Trial No. 130 of 1984 in which the 2nd Assistant Sessions Judge found the petitioner Ahmad Mian guilty under Section 366/366-A and also under Section 376 of the Indian Penal Code and sentenced him to undergo R.I. for six years each. He further ordered that all the sentences shall run concurrently. Similarly the other petitioner, Abdul Mian who is father of Ahmad Mian was simply found guilty under Section 366-A of the Indian Penal Code and he was sentenced to undergo R.I. for six years and also he was sentenced to pay a fine of Rs. 100 and in default to R.I. for one year.

(2.) Against this order of conviction by the Court below, both the petitioners preferred Cr. Appeal No. 112 of 1988 and the 3rd Additional Sessions Judge Palamau at Daltonganj in Criminal Appeal No. 112 of 1988 dated 29-3-1990 also dismissed the appeal and order of conviction and sentence as awarded against the petitioners was confirmed by the trial court. Being aggrieved and dissatisfied with the aforesaid order of conviction, both the petitioners have preferred this revision.

(3.) The prosecution case, in short, is that the informant Sarfuddin Mian had alleged that on 29-10-1982 he got only daughter named Bano alias Saira Bano alias Husna Bano aged about 15 years and he had no other issue but on 27-9- 1982 his daughter was kidnapped by the petitioner Ahmad and so he had gone to Satbarwa in the house of Ahmad for inquiry but Ahmad and his father Abdul Mian was not present. It has also been alleged that Ahmad while kidnapping or abducting her daughter took away clothes, ornaments, cash amounting to Rs. 10,000.