NAND KISHORE DUBEY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant has been convicted under Sections 376, 366A and 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years under Sections 376/34 IPC and a fine of Rs. 2000/- with default clause and further sentenced to undergo rigorous imprisonment for seven years under Section 366A IPC, both the sentences were directed to run concurrently vide judgment and order dated 21.7.2003 and 23.7.2003 respectively passed by Sri. Ram Bilas Rai, the then 5th Additional District and Sessions Judge, East Champaran, Motihari in Sessions Trial No. 255 of 2002.

(2.) Prosecution case as per fardbeyan of informant Hirdyanand Dubey (PW 1) is that the appellant was engaged as tutor of his daughter and appellant used to teach her at his residence. She was a student of Class-VIII of Siswa Girls' High School, on 7.10.2001 on the occasion of Dashara his daughter told the informant that she was required to remain present at private school situated near Katahari Bazar for rehearsal of a drama, on which informant told that that he would also accompany them. It is further case that appellant and Pinki Kumari came out of the house before 15 minutes of the informant for Katahari Bazar. He, on reaching at the relevant place, could not find his daughter and the appellant. Thereafter the informant went to the house of the appellant and search her but she was not found there and he could not trace out his daughter, hence he came back to his house. Further prosecution case is that in the evening at about 7 P.M. co-accused Yogendra Rai came to the informant's house and told that he would help him in tracing her out and informant again came to the house of the appellant and searched his daughter but his daughter could not be traced out. It is further stated that Yogendra Rai again came in the village and villagers caught him and assaulted him. The informant has alleged that the appellant and Yogendra Rai had kidnapped his daughter with a view to establish illegal sexual relation and marriage.

(3.) On the basis of aforesaid fardbeyan Keshariya P.S.Case No. 86 of 2001 was registered. Post investigation charge sheet had been submitted, cognizance was taken and after commitment the case traveled to the file of the learned Trial Judge for trial and disposal.