ASLAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises from Sessions Case No. 66 of 1986 on the file of 2nd Additional Sessions Judge, Katihar, in which case these two appellants were charged and tried for offences under Sections 366, 366A and 364/34 of the Indian Penal Code. The charges under Sections 366A and 364/34, Indian Penal Code failed and accordingly they were acquitted of the said charges. The Trial Court, however, convicted the appellants under Section 366 of the Indian Penal Code and sentenced them seven years imprisonment.

(2.) The peculiarity of the case is that appellant No. 1 Aslam is the husband of Shyama alias Parbati, who is alleged to have been kidnapped on 9.11.1984. There is no evidence that the appellants had abducted the daughter of the informant with intent that she may be compelled to marry any person against her will or she might be forced or seduced to intercourse. Her father the informant learnt that his daughter was seen going on a rickshaw towards Bhasna bridge near Hasanganj Bazar, P.S. Dandkhora, District-Katihar, some persons told him that she was going with these appellants, who were tailors working in the shop of Md. Umar Faruque situated near the sweetmeat shop of Jagarnath Bhagat, father of Shyama near Hasanganj Bazar.

(3.) The Rickshaw Puller Rama Mahto was examined as P.W. 4. His evidence was that while he was going to Bhasna Bridge, Shyama, Aslam and Yunush boarded on his rickshaw. They were brought near Bhasna Bridge. They all got down from the rickshaw and boarded a bus for Katihar. These two appellants are said to have boarded the rickshaw on request. Shyama did not object. Shyama actually was going on rickshaw alone. She disclosed to rickshaw puller that she was going to her Mausi's house at Katihar. Thus, it is clear from the evidence of P.W. 4 that she had not been induced or kidnapped by the appellants.