RAKESH MISTRY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Rakesh Mistry has been found guilty for an offence punishable under Section 365 IPC and sentenced to undergo R.I. for 7 years as well as to pay fine appertaining to Rs.10,000/- in default thereof to undergo R.I. for two years, under Section 366A of the IPC and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to to Rs.10,000/- in default thereof to undergo R.I. for two years, under Section 376 IPC and sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs.20,000/- in default thereof to undergo R.I. for three years vide judgment of conviction dated 11.11.2016 and order of sentenced dated 18.11.2016 passed by IXth Additional District & Sessions Judge, Gaya in Sessions Trial No.2/2016.

(2.) Rajdeo Prajapat, father of victim (name withheld), a minor aged about 12 years student of Government Middle School, Khanjahapur filed written report on 26.10.2010 disclosing therein that she has gone to school on 25.10.2010 but did not return. His neighbour Rakesh Mistry, who is married since before, aged about twenty years, was threatening that he will kidnap with the victim and will marry. So he apprehends that aforesaid Rakesh Mistry might have kidnapped her either to marry for with some ulterior motive.

(3.) After registration of Buniyadganj P.S. Case No.91 of 2010, the investigation commenced and during course thereof, victim was traced out, recovered who was medically examined as well as whose statement was also recorded under Section 164 Cr.P.C. apart from under Section 161 Cr.P.C and after collecting substantial material concluded investigation followed with submission of charge sheet facilitating the trial, meeting with the ultimate result, subject matter of instant appeal.