GANESH MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 27.1.1998 and order of sentence dated 28.1.1998 passed by the Additional District and Sessions Judge, Naughchia in Sessions Trial No. 316 of 1998/T. R. No. 357 of 1998 by which the sole appellant has been convicted to undergo rigorous imprisonment for ten years under Section 366 of the Indian Penal Code.

(2.) This is one of those rare cases where the Trial Court has completely gone of the mark in passing the impugned order and judgment and as such has not taken the relevant evidence into consideration and only on the basis of his own perception of social and moral values, convicted the appellant.

(3.) THE prosecution case by the informant Upendra Kumar Sharma who is the father of the victim lady Sapna Devi is that his daughter who was married to one Hardeo Sharma was sleeping in the house in the night of 11/12th October, 1991. Her husband, the father, the mother and other family members were also present in the house and were sleeping in the verandah whereas Sapna Devi was sleeping in her own room. It is said that she ran away and was seen running away with the appellant Ganesh Mandal by Ghanshyam Sharma, PW 2 and Parshuram Sharma, PW 4. The informant searched for his daughter and thereafter lodged the First Information Report on 13.10.1991.