BAIJNATH SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 28-06-2003 and order of sentence dated 30.06.2003, passed by Sri Umeshwar Nath, the then 5th Additional Sessions Judge, Aurangabad in Sessions Trial No. 221/1997, 50/2003 by which the sole appellant Baijnath Sao was convicted under Sections 363, 366A, 376 and 379 of the Indian Penal Code (hereinafter referred to as the "IPC") and was sentenced to undergo R.I. for seven years under Section 363 IPC, R.I. for ten years under Section 366A of IPC, R.I. for ten years under Section 376 IPC and R.I. for two years under Section 379 of the IPC. All the sentences were directed to run concurrently.

(2.) Prosecution case as per the fardbeyan of informant Deyanand Devedi recorded by the officer-in-charge Obra Police Station, in short is that twenty days prior at about 7. A.M., daughter of the informant went to purchase some domestic articles from the shop of appellant Baijnath Sao but she did not return, thereafter, informant went to the shop of appellant Baijnath Sao but he found that the shop was closed and the appellant and daughter of the informant was also not available there. Then the informant searched his daughter and accused at the place of his relatives and also at the place of relatives of the appellant but he did not find them. It is further alleged that appellant Baijnath Sao was married person and the informant believed that the appellant Baijnath Sao has enticed away his minor daughter

(3.) On the basis of the aforesaid statement of informant Obra P.S. Case No. 106/1996 was registered.