MITHAN MAHTO Vs. STATE OF BIHAR (NOW JHARKHAND)

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 13.1.1998 passed by the Sessions Judge, Deoghar In Sessions Trial No. 126 of 1996, whereby and whereunder, the learned Sessions Judge has convicted the appellants Mithan Mahto and Bhukhan Mahto for committing the offence under Sections 366, 366 -A and 376 of the Indian Penal Code and has sentenced them to undergo R.I. for a period of 7 years for the said offence and they have been also directed to pay fine of Rs. 2000/ - each in default to undergo S.I. for a further period of one month each.

(2.) THE prosecution case in short is that the victim girl Kalawati Devi (PW 10) aged about 16 years developed intimacy with the appellants Mithan Mahto and Bhukhan Mahto, who were the residents of adjacent village and they used to visit the village of the informant frequently in connection with cultivation work. Further case of the prosecution is that on 31,12.1995 at about 7.00 p.m. the girl Kalawati Devi, i.e. the daughter of the informant went to fetch water from a tube -well, which was situated outside her house and since, thereafter, she did not return. The informant tried to search her out but failed. He also went to the house of those two appellants and then he came to know that actually these two appellants had kidnapped his daughter and took her away to Bengal. The informant came to know that his daughter was living with these two appellants in Bengal and then on 2.3.1996 he lodged the FIR thereafter during course of investigation the victim girl was recovered from the house of Mithan Mahto, i.e. appellant No. 1 in village Birajpur. After recovery, the victim girl was examined medically by the doctor on 4.3.1996 and according to the doctor the girl was found to be aged about 15 -16 -years.

(3.) ON behalf of the defence the statement of the victim girl given under Section 164, Cr PC was adduced in evidence and was marked as Ext. -A without any objection.