ASHOK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has preferred this Criminal Appeal for setting aside the judgment of the learned 8th Additional Sessions Judge, Arrah (Bhojpur) dated 18.08.1994 by which the appellant has been convicted U/S 363, 365 and 376 I.P.C. and ordered to undergo a sentence of imprisonment for five years U/S 363 IPC, seven years U/S 365 IPC and life imprisonment U/S 376 IPC. All the punishments are rigorous and to run concurrently.

(2.) The facts revealed from the records would show that on 09.05.1991 one Rajendra Prasad Singh, a resident of Mohalla Katira, P.S. Nawada, District Arrah submitted a written complaint to the Superintendent of Police, Bhojpur, Arrah alleging that his youngest daughter Kumari Sunita, aged about 12 years 9 months, has been kidnapped and is missing since 1:00 P.M. from 10.04.1991. It was further alleged in the written report that on enquiry made he had come to know that one Ashok Kumar, S/o Khaderan Ram, resident of Village Bathe, P.O. Kamta, P.S. Mehandiya, District Jehanabad (the appellant) allured the daughter of the informant and took her away. In the written report the informant also disclosed that the accused Ashok Kumar was serving in the house of the informant for last five years and when he had come to serve him as domestic help he was aged about 15 years and presently he was about 20 years old. The informant raised doubt over his conduct and claimed that he had removed said Ashok Kumar from his house on 28.03.1991. It was also alleged that the said accused Ashok Kumar had taken away the daughter of this informant to the Dak Bungalow near the canal of Daudnagar where the brother-in-law (Bahnoi) of the accused Ashok Kumar was working as a Meith (Head of a group of workmen) and had retired recently. The informant regretted the delay in submitting information with regard to the alleged occurrence.

(3.) In view of the complaint received from the informant, a formal F.I.R. giving rise to Ara Nawada P.S. Case No. 118/91 dated 09.05.1991 U/S 363/366(A) IPC was registered. After investigation police submitted a charge sheet bearing no. 90/1991 dated 108.1991.