BHONTU DAS @ BICHHU DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned APP for the State on this Criminal Appeal.

(2.) This criminal appeal has been preferred against the judgment and order of conviction dated 19.12012 and order of sentence dated 21.12012 passed by the Ad hoc Additional Sessions Judge-IV, Banka in Sessions Trial No. 121 of 2011, arising out of Shambhuganj P.S. Case No.146 of 2010, whereby the learned trial Court convicted the accused Bhontu Das alias Bichhu Das under Sections 366-A and 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for 7 years and also slapped him with a fine of Rs. 5,000/- and in case of default of payment of fine to further undergo R.I. for six months under Section 366-A IPC and also sentenced him to undergo R.I. for 10 years and slapped him with a fine of Rs. 10,000/- and in case of default of payment of fine to further undergo R.I. for one year under Section 376 IPC.

(3.) The factual matrix of the case is that Shambhuganj P.S. Case No.146 of 2010 was instituted under Section 366- A/34 of the IPC against Nand Kishore Das and Bhontu Das on the basis of written report of one Gena Das with the allegation in succinct that he resides in Delhi in connection with his work. On 29.10.2010 at 8 PM his wife informed him on his mobile that his daughter, Kajal Kumari aged about 13 years was missing since 6 PM on the said date. On the said information, he arrived at his house on 01.11.2010 and made search of his daughter. In course of search, Shashi Kumar Singh, Navin Prasad Singh and Others divulged him that they had seen Nand Kishore Das and Bhontu Das taking his daughter, Kajal Kumari on 29.10.2010 at 6 PM. He also learnt that his daughter has been kidnapped by the aforesaid persons with intent to perform marriage showing the accused.