MD MAHFOOJ ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal at the instance of the appellant stands directed against the impugned judgment and order dated 19-9-1998 and 22-9-1998 respectively passed in Sessions Trial No. 80 of 1991 by Sri Raj Narain Prasad Singh, 1st Additional Sessions Judge, Dhandad whereby and whereunder he was found guilty for the offence punishable under Section 366 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for seven years.

(2.) The prosecution case has arisen on the basis of fardbeyan (Ext. 5) of informant PW- 1, Dasrath Pandit, the father of Sunita Kumari alias Munia, aged about 17 years, said to be the victim of kidnapping in this case, recorded by Shri K. N. Verma, Deputy Superintendent of Police (P)-cum-Officer-in-charge, Jharia P.S. on 2-10 1990 at 10.00 hours at his residence situate at Industry Colliery of Bharat Coking Coal Limited, P.S. Jharia, District Dhanbad regarding the occurrence which is said to have taken place on 1-10-1990 at 15.00 hours at the said Industry Colliery (Tikiapara) and a case was instituted against the appellant by drawing of a formal F.I.R. (Ext. 4).

(3.) The prosecution case, in brief, is that informant is an employee of Putki Colliery of Bharat Coking Coal Limited having his official residence in the colliery quarters at Industry Colliery and he returned to his residence at 17.00 hours from his colliery on 1-10-1990 and found her mother weeping and her wife PW-7, Munna Devi alias Dulla Devi and her daughter, PW-2, Sunita Kumari were not found in the house and on query he was told by her mother that PW-2, Sunita Kumari, aged about 17 years had gone to nature's call at 15.00 hours on 1-10-1990 and since then she is traceless and PW-7, Munna Devi alias Dulla Devi had gone in search of her. It is alleged that the informant had also made hectic search to trace out her daughter but in vain and it transpired in course of search at 18.00 hours that the appellant who is resident of the said Industry Colliery aged about 21 years is also traceless from his house since 15.00 hours on 1-10-1990 and, thereafter, he went to the house of appellant and learned from his father Abbas Ansari that said appellant is traceless from that very time. The prosecution case further is that the appellant has kidnapped Sunita Kumari, a minor married girl after inducing her with intention to solemnize his marriage with her against her will as well as to seduce her for illicit intercourse. It is also alleged that Sunita Kumari had taken away with her two "Sari" one of gray colour and the other of blue colour.