DEEPAK CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Deepak Chaudhary @ Deepak Kumar Chaudhari has been found guilty for an offence punishable under Section 366 IPC and sentenced to undergo RI for seven years as well as to pay fine of Rs. 5000/- in default thereof, to undergo RI for six months, additionally under Section 3 of Immoral Traffic Prevention Act and sentenced to undergo RI for two years and to pay fine of Rs. 1000/- in default thereof, to undergo RI for three months, additionally, under Section 4 of Immoral Traffic Prevention Act and sentenced to undergo RI for one and half years, under Section 5 of Immoral Traffic Prevention Act and sentenced to undergo RI for seven years as well as to pay fine of Rs. 1000/- in default thereof, to undergo RI for three months, under Section 6 of Immoral Traffic Prevention Act and sentenced to undergo RI for seven years and to pay fine of Rs. 5000/- in default thereof, to undergo RI for six months with a further direction to run the sentences concurrently by Additional Sessions Judge-6th, Muzaffarpur in Sessions Trial No.175/2017 vide judgment of conviction dated 09.04.2018 and order of sentence dated 13.04.2018.

(2.) Informant, Ashok Kumar Singh (PW 3) filed a written report on 22.03.2014 disclosing therein that in the night of 10.03.2014 while his major daughter, Rupa was sleeping with his mother, slipped which, his mother had disclosed on the following morning. They made hectic search and during course thereof, his son had disclosed that Amar Chacha has said that your sister is at the place of Baldeo Singh of Village-Balaurdih but his wife scolded her and then ousted her. Thinking that his daughter is at the place of his relative, he had not taken any steps. However, when he dialed, found the mobile of his daughter switched off. After visiting Hajipur, when he returned back at the night, then his mother disclosed regarding the aforesaid event. In the morning of 15.03.2014, his brother-in- law (Sala) Amod Kumar who is resident of village-Maudah asked him about Rupa whereupon, he disclosed that Rupa is not present. She might be at the place of his Bhagni over which, Amod Kumar disclosed that one Birju had informed to his Chachi that he has seen Rupa at Bettiah Railway Station along with elderly man. He has also disclosed the mobile number of the caller. Then his brother-in-law requested the caller to apprehend Rupa as they are coming but, as the train steamed off, on account thereof, he could not.

(3.) After registration of Kurhni PS Case No. 91/2014, investigation commenced and during course of investigation as is evident the victim was traced out, her statements under Section 164 CrPC as well as 161 CrPC were recorded, other ancillary events were also done and after completing investigation, charge-sheet was submitted only against the appellant facilitating the trial meeting with ultimate result, subject matter of the instant appeal.