GULAB MOCHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal at the instance of the appellant has been preferred against the impugned judgment and order dated 10-9-1998 and 15-9-1998 respectively passed in Sessions Trial No. 36 of 1997 by Shri B. N. P. Singh, Sessions Judge, Palamau, Daltonganj whereby and where- under the appellant was found guilty for the offence punishable under Sections 366-A and 376 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for seven years and five years for the offence aforesaid respectively. However, the sentences were ordered to run concurrently. The appellant has, however, been acquitted for the charge under Section 372 of the Indian Penal Code. Other three co-accused persons were also acquitted for the offence under Sections 120-B and 372 of the Indian Penal Code.

(2.) The prosecution case has arisen on the basis of written report (Ext. 4) of the informant PW-2, Ramchandra Ram Chandrabanshi, father of PW-13, Rinki Kumari the alleged victim of this case lodged before O.C., P.S. Lesliganj, Palamau on 25- 7-1996 at 16.15 hours regarding the occurrence which is said to have taken place on 23-7-1996 at Middle School, Kundri within Lesliganj P.S. and the case was instituted by drawing of a formal F.I.R. (Ext. 5)

(3.) The prosecution case, in brief, is that Rinki Kumari, aged about 12 years and the daughter of the informant had gone to Middle School, Kundri for study and the appellant induced her to go from there with him and he has taken her with him somewhere. It is also alleged that co-accused Tetar Mochi, Tarn Devi and Sulab Mochi have conspired with the appellant in kidnapping Rinki Kumar. It is alleged that the appellant formally used to work at Punjab and he is still working there and said Rinki Kumari is missing from the said school since 23-7-1996 and when she did not return to her house then on query it transpired that the appellant has kidnapped her either with intention to have illicit intercourse with her or to sell or dispose her of with intent that she shall be employed or used for the purpose of prostitution.