MAHENDRA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Mahendra Ram has been found guilty for an offence punishable under Section 366A/34 IPC and sentenced to undergo RI for 6 years as well as to pay fine appertaining to Rs. 6000/- in default thereof, to undergo SI for six months additionally, under Section 376 IPC and sentenced to undergo RI for 10 years as well as to pay fine appertaining to Rs. 20,000/- in default thereof, to undergo SI for one year with a further direction to run the sentences concurrently, with a further direction that the period having undergone during course of trial will be set off in accordance with Section 428 CrPC vide judgment of conviction dated 17.06.2015 and order of sentence 2nd dated 25.06.2015 passed by Additional Sessions Judge, Madhepura in Sessions Trial No. 185A/2012 arising out of Madhepura (Dhailarh) PS Case No. 196/2012.

(2.) Arjun Sah (PW 2) filed written report on 03.05.2012 alleging therein that Mahendra Ram whose Sasural lies in his village and happens to be brother-in-law of his co- villager, Lal Bahadur Ram used to exercise exorcism for treating the people. On that very score, he treated his daughter (name withheld, PW-8 aged about 15 years) who was suffering from ailment since before and was being treated otherwise. It has further been disclosed that on 25.04.2012 at about 4:00 PM, the aforesaid Mahendra Ram enticed away the victim and in spite of hectic search at their end, failed to locate. Wife of Lal Bahadur Ram, namely, Sangyan Devi and Ranju Devi, both had assisted during course of commission of the crime.

(3.) From the record, it is evident that during course of investigation, Ranju Devi and Sangyan Devi, both were apprehended and so, before expiry of the statutory period of ninety days, they were charge-sheeted keeping the investigation pending against the appellant who was subsequently, apprehended along with the victim at Madras wherefrom they were brought, victim was examined under Section 164 CrPC, was medically examined and then after concluding the investigation, charge-sheet was submitted, facilitating the trial, meeting with the ultimate result, subject matter of the instant appeal.