JAGDISH CHAUHAN Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) This appeal has been preferred against the judgment and order of conviction dtd. 18/7/2012 and order of sentence dtd. 23/7/2012 passed by learned Adhoc Additional Sessions Judge-IV, Araria in Sessions Trial no. 812 of 2010, Trial No. 52 of 2010/ 89 of 2012 arising out of Bairgachhi P.S. Case No. 574 of 2009 whereby the learned trial court convicted the accused, Jagdish Chauhan for the offence punishable under Ss. 506, 366(A)/ 511 of the Indian Penal Code and sentenced him to undergo R.I. for five years and also slapped him with a fine of Rs.3000.00 and in case of default of payment of fine to further undergo S.I. for three months under Ss. 366 (A)/ 511 of the Indian Penal Code and also sentenced him to undergo S.I. for two years under Sec. 506 of the Indian Penal Code. All the sentences were directed to run concurrently.

(3.) The factual matrix of the case is that Bairgachhi P.S. Case No. 574 of 2009 was instituted under Ss. 420, 467, 468, 471, 384 and 366(A)/ 511 of the Indian Penal Code against accused Jagdish Chauhan on the basis of written report of Jeevchhi Devi W/o Kamal Dev Yadav dtd. 14/12/2009 with the allegation, in succinct that the accused Jagdish Chauhan put his bad eye on her minor daughter namely, Priyanka Kumari aged about 15 years in the course of visiting the court in connection with a case. Taking undue advantage of gullibleness of the informant and her husband, he obtained photographs of the informant and her daughter Priyanka Kumari during the course of visiting the court and on the basis of said photographs got manufactured the forged documents and started mounting pressure upon her for marriage of her daughter with him and also lodged a false and frivolous case against the informant and her family members and getting news of his marriage with her daughter published in the newspaper, compelled her to get her daughter married with him. Succumbing his pressure, she sent her daughter to the in-law's house of her elder daughter located at village Bochi, but the accused anyhow traced out her whereabout and arrived at the aforesaid house on 14/12/2009 at 02:00 PM and tried to kidnap her minor daughter with intent to perform marriage with her displaying the photographs and forged affidavit regarding marriage. On protest made by her daughter, the locals congregated there, then the accused made good his escape extending threatening of kidnapping her daughter. The accused is having criminal antecedent and has also gone to the jail for forcibly marrying with another girl namely, Rani Devi.