BABLOO PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) On account of absence of learned counsel for the appellants, Sri Mukund Mohan Jha, learned counsel, who is present in Court, has been requested to assist the Court as an Amicus Curiae.

(2.) Appellants Babloo Paswan as well as Daya Shankar Sah, both have been found guilty for an offence punishable under Sec. 363 of the I.P.C., but appellant Babloo Paswan has been sentenced to undergo R.I. for two years while appellant Daya Shankar Sah has been sentenced to undergo R.I. for three years vide judgment of conviction dtd. 17/1/2009 and order of sentence dtd. 19/1/2009 passed by the Additional Sessions Judge, Fast Track Court No.5th, Muzaffarpur in Sessions Trial No.361 of 2003.

(3.) Manjit Kumar (PW-15) filed written report on 23/2/2003, disclosing therein that after returning from Muzaffarpur Town on 22/2/2003 at 5.30 P.M., he found his sister Rima Kumari aged about 14 years missing from his house, whereupon, he indulged in hectic search and during course thereof, he came to know that Surendra Mahto, Daya Shankar Sah and Babloo Paswan took her away at 4.30 P.M. It has also been disclosed that she has been taken away over vehicle of Chandrika Rai on the pretext of getting her treatment by a doctor relating to her ailment. This informantion was given by the aforesaid Chandrika Rai. He has also stated that during course thereof, they have taken away ornaments as well as cash appertaining to Rs.20,000.00. It has also been disclosed that after leaving Rima, he has gone to the clinic of Dr. R. K. Jha along with his mother and elder sister for check up and seeing their absence at the house, accused persons enticed away his minor sister with ulterior motive.