RAJU KUMAR PANDEY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned APP for the State on this criminal appeal.

(2.) This criminal appeal has been preferred against the judgment and order of conviction dated 20.12.2012 and order of sentence dated 21.12.2012 passed by the learned 2nd Additional Sessions Judge Bhojpur, Ara, in Sessions Trial No. 195 of 2011 arising out of Ara Nawada P.S. Case No. 512 of 2010, whereby the learned trial court convicted the accused Raju Kumar Pandey under Section 366 of the Indian Penal Code and sentenced him to undergo R.I. for three years under the aforesaid section.

(3.) The factual matrix of the case is that Ara Nawada P.S. Case No. 512 of 2010 was instituted under Section 366-A and 379 of the Indian Penal Code against Raju Kumar Pandey on the basis of written report of Ramji Pandey with the allegation in succinct that on 11.12.2010 at around 5:30 AM accused Raju Kumar Pandey enticed away his minor daughter aged about 16 years from his house taking cash of Rs. 6000/- and some ornaments worth Rs. 20,000/- from his Almirah. In course of escaping from his house, he left his slipper in the house. Raju Kumar Pandey happens to be married person having issues. His wife had gone to temple a bit ahead of the occurrence and had witnessed them proceeding and on her regression he learnt about the occurrence. His brother Baijnath Pandey has also seen them during the course of morning walk. When his daughter did not return to the house, after passing of long time, he approached the father of the accused who divulged that his son is missing since morning. He made hectic search of his daughter but in vain.