BINDESHWAR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE solitary appellant, namely, Bindeshwar Paswan was put on trial by framing charge against him under Sections 366 and 376 of the Penal Code in Sessions Trial No. 245 of 1988/47 of 1990 and by the judgment and order of conviction passed on 23-9-1993, was convicted by the learned 1st Additional District and Sessions judge, Muzaffarpur of committing offence under Section 366 of the Penal Code and was directed to suffer rigorous imprisonment for five years under that Section. The appellant was acquitted of the charge under Section 376 of the Penal Code. The above judgment and order of conviction is being assailed in the present appeal.

(2.) THE occurrence was of the 1st of June, 1986 in respect of which the uncle of the victim namely, Sahela Khatoon alias Mako (P. W. 7) filed complaint in the Court of Sri k. N. Singh, Judicial Magistrate, 1st Class, muzaffarpur on 12-6-1986. The copy of the complaint was sent under Section 156 (3)Cr. P. C. to the police station and on that basis Sakra Police Station Case No. 128 of 1986 was recorded by drawing up Ext. 4, the FIR. The complaint petition has been marked Ext. 1. The investigation was taken up and during that course many witnesses came forward and the victim was also recovered from a house and she was sent to a doctor for being medically examined. Reports of the doctor have been marked Ext-2 and 2/1 respectively. The lady made statement under Section 164 Cr. P. C. and accordingly, the case was sent to trial.

(3.) THE gist of the prosecution case was that the appellant took away the victim, P. W. 7, aged about 12-13 years from her house when she was all alone there.