LAWS(PAT)-2018-3-92

KAMLESH DAS Vs. STATE OF BIHAR

Decided On March 16, 2018
Kamlesh Das Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Appellant, Kamlesh Das has been found guilty for an offence punishable under Section 366A IPC and sentenced to undergo SI for 7 years as well as to pay fine of Rs. 5000/-, in default thereof, to undergo SI for 6 months additionally, under Section 376 IPC, sentenced to undergo SI for 7 years as well as to pay fine of Rs. 5000/- and in default thereof, to undergo SI for 6 months, additionally with a further direction to run the sentences concurrently, vide judgment of conviction dated 02.05.2015 and order of sentence dated 05.05.2015 passed by Additional Sessions Judge-2nd, Purnea in Sessions Trial No. 1016/2007/500/2014.

(2.) Victim (PW-5) filed a written report which was earlier addressed to Superintendent of Police, Purnea but after cutting the same, it was addressed to O/C, Maranga, divulging the fact that she happens to be aged about 17 years. On 18th September 2006, her co-villager, Kamlesh Das disclosed to her to accompany to Puran Devi Mandir and after worshipping they will return whereupon, she accompanied Kamlesh to Puran Devi Mandir wherefrom he forcibly took her to village-Sarsi, Distt-Darbhanga and got married with her.

(3.) After few days, Kamlesh, Surja Devi, Kali Das, wife of Kali Das have advanced demand of Rs. 1 Lac to be procured from her father so that they should start a business which was resisted by her stating that first of all you people have forcibly married with her and then, are illegally demanding money. Her parents happen to be poor fellow, from where, they will manage money. Just after hearing the same, she was brutally assaulted and compelled her to leave the place. She on her own tried to leave the place but, they were keeping watch. Subsequently thereof, they procured presence of an Advocate who took her signature over some papers. She had further disclosed that she happens to be mentally instable. As the appellant was on visiting terms, on account of her mental instability she accompanied Kamlesh. Later on, she had been badly tortured on account of non procurement of Rs. 1 Lac. Out of poverty, her parents had not instituted any case. It has also been disclosed that on 20.08.2007, after brutally assaulting her, they kicked out with a direction that she will be welcomed only after having cash appertaining to Rs. 1 Lac. She came back to the place of her parents and divulged the event. Then thereafter, the written report is being placed for necessary action.