NABIUL HASSAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Nabiul Hassan has preferred this appeal against the judgment dated 28-2-2000 passed by Additional District and Sessions Judge, Pakur in S.T. Nos. 270 of 1997/2 of 1998 whereby the appellant has been convicted under Sections 366-A and 376 of the Indian Penal Code and has been sentenced to undergo R.I. for five years and seven years respectively which shall run concurrently.

(2.) Brief facts leading to this appeal are that one Gauri Devi, minor daughter of Mahabir Prasad Manjhi, P. S. Pakuria district Pakur, went missing from her house in the afternoon of 7th June, 1997. According to informant, father of Gauri Devi, earlier Gauri Devi has gone to see television in the house of one Sohrab Mian, a neighbour. He suspected that the appellant Nabiul Hassan has taken away his daughter for the purpose of marriage. According to him he waited his daughter to return, thereafter searched in the night but ultimately when she could not be traced till 13th June, 1997 he went to the Pakuria Police Station to report the matter. Further stated that after recording his statement Pakuria P. S. Case No. 18 of 1997 was registered under Sections 366, 366-A against this appellant, while the investigation was going on, Gauri Devi and Nabiul Hassan were arrested by Dumka Sadar Police in suspicious circumstances and brought to Pakuria Police Station. The police investigated the case and finally submitted the charge-sheet against the appellant while continuing to investigate against other accused persons. The appellant Nabiul Hassan has remained in custody throughout trial and during the pendency of this appeal right from 2nd half of 1997.

(3.) The case of the appellant was committed for trial by the Court of Session where he was charged on 2-3-1998 under Sections 366/366-A, 376 and 120-B of the Indian Penal Code. The appellant pleaded not guilty and claimed innocence. According to him the girl has gone out of her own free will with him. The learned lower Court after examining the witnesses considered the defence and ultimately found the appellant guilty of offences under Sections 366-A and 376 of the Indian Penal Code. The learned Court below has sentenced the appellant to serve R.I. for five years and seven years on each count directing the sentences to run concurrently.