KAMAL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 24.07.2003 and order of sentence dated 29.07.2003, passed by Shri Amresh Kumar Lal, the then 1st Additional Sessions Judge, Begusarai, in Sessions Trial No. 382 of 1999, by which the sole appellant Kamal Kumar stood convicted under Sections 363 of the Indian Penal Code (hereinafter referred to as the "IPC") and was sentenced to undergo R.I. for four years with a fine of Rs. 2,000, having default clause.

(2.) Prosecution case as per the written report of informant Niranjan Kumar Singh (P.W. 5) filed on 07.03.1999 before Muffasil police station, in short is that his niece Archana Kumari, aged about 16 years, went to purchase some articles from a shop on 28.01999 at about 10.30 A.M. but she did not return, he claimed that the appellant Kamal Kumar has enticed and kidnapped his niece.

(3.) On the basis of the aforesaid F.I.R was registered being Muffasil P.S. Case No. 68/99. On completion of investigation police submitted charge-sheet. Cognizance of the offence was taken and the case was committed to the court of Sessions, which ultimately came to the file of Shri Amresh Kumar Lal, the then 1st Additional Sessions Judge, Begusarai, for trial and disposal.