STATE OF BIHAR Vs. SHEO CHARAN TURI

JUDGEMENT

(1.) HEARD Mr. Shekhar Sinha, learned counsel for the State and Mr. A. Banerjee, learned counsel for the respondents. The appeal has been filed by the State of Bihar against the judgment of acquittal dated 27.8.1993 passed by Sri Sita Ram Pandey, 3rd Addl. Sessions Judge, Santhal Praganas, Dumka in Sessions Case No. 43 of 1993.

(2.) BOTH the respondents were charged under Section 363 and under Section 366 of the Indian Penal Code, and respondent No. 1 was further charged under Section 376 I.P.C. for committing rape upon the victim girl, namely Kulwati Devi.

(3.) THE prosecution case was started on the basis of the Fardbayan given by the informant, P.W. -12, Madhusudan Rai, father of the victim girl on 28.8.1992 at 15:00 hrs. stating therein that his daughter Kulwanti Devi, aged about 15 years, along with her brother Sanichar Rai, aged about 5 years, left the house on 13.8.1992 at 5:00 a.m. in the mourning and after that he has got no information about them. He searched for the girl and the boy at the relatives house. He stated that her daughter has got illicit relation with the accused Sheo Charan Turi, who resides in the village of the house of R. Turi (who is his Mausa). He has stated that the friend of Sheo Charan Turi, namely Nakul Rai has also gone with him. In the Fardbayan, he stated that his daughter was married and after marriage since last five months she is residing in the village. The informant stated that Sheo Charan Turi and Nakul Rai both are absent from their house right from the day his daughter left the house. He has stated that Sheo Charan Turi has kidnapped his daughter for the purpose of marrying her and kept her in secret place. He has stated about the occurrence to the villagers namely Srawan Rai, Lalit Rai, Maneshwar Rai, Sahdeo Rai, Budhan Rai. On the basis of the said Fardbayan, police registered a case under Section 363 and 366 I.P.C. and subsequently when the girl was recovered and examined under Section 164 Cr.P.C., section 376 I.P.C. was also added, and after investigation, police submitted charge sheet under the aforesaid sections. After cognizance, the case was committed to the sessions, since the case was triable exclusively by the Sessions court.