SANJAY TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Sanjay Tiwary has been found guilty for an offence punishable under Section 366 of the IPC and sentenced to undergo R.I. for seven years, under Section 376 of the IPC and sentenced to undergo R.I. for seven years, with a further direction to run the sentences concurrently vide judgment of conviction dated 21.01.2009 order of sentence dated 23.01.2009 passed by Additional Sessions Judge, FTC-I, East Champaran at Motihari in connection with Sessions Trial no.757 of 2007/43 of 2007.

(2.) Pw.3, Subhash Tiwary filed written report on 25.04.2007 disclosing therein that his neighbour Sanjay Tiwary son of Dharamanth Tiwary happens to be on visiting term. It has further been disclosed that in the evening of 22.04.2007 he has come to his place. Since midnight of 22.04.2007 his wife (name withheld) is missing. He made hectic search but, could not locate. He has gone to the place of Sanjay Tiwary to inquire whereupon, he abused and further, declined to say anything. He has further stated that he has got two daughters aged about two years as well as three years. So, he apprehended complicity of his neighbour Sanjay Tiwary who, with the help of his two younger brothers namely Satendra Tiwary and Ranjan Tiwary along with his Bhabhi, wife of Ramakant Tiwary enticed her away with an ulterior motive.

(3.) After registration of Pipra P.S. Case No.56/2007, investigation commenced and during course thereof, victim was recovered. Her statement under Section 164 Cr.P.C was recorded. She was medically examined and then thereafter, after completing investigation submitted charge sheet, facilitating the trial meeting with an ultimate result, subject matter of instant appeal.