SUBODH KUMAR SAH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Appellant Subodh Kumar Sah has been found guilty for an offence punishable under Section 366A of the I.P.C. and sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs.2, 000/- and in default thereof, to undergo S.I. for three months vide judgment of conviction and order of sentence dated 30.05.2015 passed by the Additional Sessions Judge-4 th, Muzaffarpur in Sessions Trial No.238 of 2005/ 665 of 2014.

(2.) Anand Kumar Pandey, PW-7, filed written report disclosing therein that his sister, victim (named withheld) aged about 15 years while had gone to meet nature's call on 05.03.2003 at about 4.00 a.m. did not return, whereupon they made hectic search. Being frustrated on that very score, they have lodged Sanha at the Police Station. However, continued in searching her out and during said course, they came to know that his sister was enticed away by his covillager Subodh Kumar Sah, son of Late Ganesh Sah with an intention to marry. He took her away at Kolkata at the place of Mahesh Sah, his uncle. Thereafter, he has shifted there from and during whole scenario, the parents of Subodh Kumar Sah, his uncle were actively involved. Furthermore, they have requested them to handover the girl, but they have not paid heed to it.

(3.) After registration of Siwaipati P. S. Case No.14 of 2003, investigation commenced and during course thereof, first chargesheet was submitted against Mahesh Sah and Rama Shankar Sah, keeping the investigation pending against the appellant after whose appearance, chargesheet was submitted, whereupon trial commenced and concluded in a manner, subject matter of instant appeal.