SUSHIL RAWANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal is directed against the judgment of conviction under Section 366A read with Section 34 of the Indian Penal Code passed by the lllrd Additional Judicial Commissioner, Ranchi in S.T. No. 484 of 1998/Tr. No. 279 of 1998 whereby and whereunder both the appellants have been awarded sentence for seven years rigorous imprisonment and to pay fine of Rs. 1000/ - with default stipulation.

(2.) THE prosecution was launched on the written report (Ext. 2) of the informant, Krishna Thakur (P.W. 6) presented before the Tatisilway police station alleging therein that on 19.11.1997 at about 6 p.m. his daughter aged about 14 years Poonam Kumarl was taken away by Sushil Rawanl and Suresh Mahli both of village Chatra towards overbrldge of Tatisilway Railway Station on persuatlon and that he had information that the accused Balesh Mahli was about to go some where by train. The informant further narrated that he tried to search her out in his near relation but his daughter could not be traced out and therefore, he had reason to believe that his daughter Poonam Kumari was kidnapped by the appellants and the accused, Balesh Mahli. The informant requested the police to search out his minor daughter and to take action against the culprits.

(3.) CHARGE against both the appellants including Principal accused Balesh Mahli was framed under Sections 376/34 and 366A/34 of the Indian Penal Code and they were put on trial. I find that the charge under Section 376/34 IPC against all the three accused was erroneous.