SARDAR SANTOSH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Sardar Santosh Singh has been found guilty for an offence punishable under Section 366A of the I.P.C. and sentenced to undergo R.I. for two years as well as to pay fine appertaining to Rs.2,000/- and in default thereof, to undergo S.I. for one month, additionally, vide judgment of conviction dated 19.02.2015 and order of sentence dated 20.02.2015 (though there happens to be some sort of mistake with regard to date) passed by the Additional Sessions Judge-5th, Rohtas at Sasaram in Sessions Trial No.263 of 2008.

(2.) Gopal Chaudhary (PW-4) filed written report on 19.11.2006 alleging inter alia that on 17.11.2006, after Tiffin hour while his daughters Mamta Kumari aged about 13 years (victim), Vijeta Kumari aged about 12 years and Ragini Kumari aged about 10 years were going to their School "Guru Mukhi Madhya Vidhalaya", Lakhnusarai, he was informed by his daughter Vijeta Kumari at 2.00 p.m. and divulged that Sardar Santosh Singh enticed away Mamta Kumari. After having been informed, he rushed to search out his daughter and for that, moved in different direction. Even gone to the place of Sardar Yogendra Singh, father of Sardar Santosh Singh, whom he narrated the incident, whereupon he assured that he will anyhow procure her presence tomorrow. On 18.11.2006, on meeting, he again assured that girl will be handed over to him on 19.11.2006. Today, when he along with his friends has gone to the place of Sardar Yogendra Singh, they have said that take whatever action he chooses. They have got no concern. So, he suspected that his daughter has been enticed away with an ulterior motive by Sardar Santosh Singh and for that whole family has hatched a conspiracy. It has also been disclosed that his daughter has taken away ornaments of her mother as well as cash.

(3.) After registration of Sasaram Town P.S. Case No.526 of 2006, investigation commenced and after completing the same, chargesheet has been submitted only against Sardar Santosh Singh (appellant) as well as Rani Ranjan Kumari, his sister, on the basis of which, trial commenced and concluded in a manner, subject matter of instant appeal. It is also evident from the record that trial of Rani Ranjan Kumari was separated and sent to Juvenile Justice Board as she was found to be Juvenile.