SHIV NATH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant convicted under Sections 366 -A and 376 of the Indian Penal Code. He was sentenced to undergo rigorous imprisonment for five years under Section 366 -A, IPC and rigorous imprisonment for ten years under Section 376 of the Indian Penal Code. However, both the sentences were ordered to run concurrently.

(2.) THE prosecution case in short is that in the night between 4th and 5th December, 1992, Mira Kumari aged about 13 years, daughter of the informant Chandrika Das (PW 3) was sleeping in her room along with her younger sister Ranju Kumari. PW 3 Chandrika Das was also sleeping in his room. It has been alleged that at about 4.00 a.m. in the morning, Shambhu Das (PW 2) arrived at his house and intimated him that her sister Sudama @ Sudamia Devi aged about 20 years, who was already married to one Sipahi Das of Raxaul was missing from her house. It has been stated that PW 3 told him that it was just possible that Sudamia Devi might have gone to attend to natures call. In the meantime, wife of PW 3 came out of her house and informed that her daughter Mira Kumari was not in the house. PW

(3.) BECAME nervous and he along with others, such as, Mahabir Das, Ram Janak Das and Ghanshyam Das set out in search of the prosecutrix Mira Kumari. PW 3 and others visited villages, such as, Garahiya, Patekha etc. It has been stated that one Tingan Das of village Garahiya informed PW 3 that while he was attending to natures call in the field at about 2 -3 a.m., the appellant Jaimangal Paswan and Sheonath Paswan were seen taking away Mira Kumari and Sudamia Devi with them. Ganesh Paswan of village Garahia said to PW 3 that he had seen the appellant and Sheonath Paswan in suspicious manner moving near the house of Shambhu Das (PW 2) at about 2.00 a.m. in the night. The priest (Sadhuni) of Jamuna Math stated to PW 3. that both the appellants Sheonath and Jaimangal Paswan were seen that two girls moving near the Math at about 3.00 a.m. and soon they set out towards Motihari. One Rambhu Paswan of village Patekha told the informant that the appellant boarded the Raja Bazar Bus Stand with the daughter of the informant and Sudama Devi, sister of Shambhu Das for Siwan. 3. The informant PW 3 then got confirmed that the appellant and Sheonath Paswan abducted his daughter Mira Kumari as well as Sudamia Devi with an intent that they might be married against her will or they might be seduced to illicit intercourse and he went to the police station and got his statement recorded on the basis of which FIR (Ext. 2) was drawn up and Motihari Mufassil P.S. Case No. 91 of 1992 under Sections 366 -A and 366 of the Indian Penal Code was registered. After completion of investigation, charge -sheet was submitted against the appellant. Accordingly, cognizance was taken and trial concluded with the result as indicated above.