ANIL CHAUDHARY Vs. STATE OF BIHAR
HIGH COURT OF PATNA
STATE OF BIHAR
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BIRENDRA KUMAR, J. -
(1.) These appeals are against judgment of conviction. Both the appellants were put on trial for offences under Section 366-A of the Indian Penal Code. Appellant Rajesh Chaudhary was further charged for offence under Section 376 of the Indian Penal code. By the impugned judgment dated 08.11.2017 passed in Sessions Trial No. 248 of 2017 arising out of Mohanpur (Barachatti) P.S. Case No. 31 of 2011 corresponding to G.R. No. 114 of 2011, the learned Fast Track Court-II, Gaya found both the appellants guilty for offence under Section 366-A of the Indian Penal Code. Appellant Rajesh Chaudhary was further found guilty for offence under Section 376 of the India Penal Code. By the impugned order of sentence dated 14.11.2017, both the appellants were sentenced to undergo rigorous imprisonment for five years and to pay a fine of rupees three thousand for offence under Section 366-A of the Indian Penal Code. In default of payment of fine, appellants were directed to undergo further one month rigorous imprisonment. Appellant Rajesh Chaudhary was further sentenced to undergo rigorous imprisonment for seven years and to pay a fine of rupees five thousand for offence under Section 376 of the Indian Penal Code. In default of payment of fine, two years rigorous imprisonment was ordered.
(2.) The prosecution case, as disclosed in the written report of P.W. 2 Shakhichand Ravidas father of the victim-girl, is that the victim, aged about 15 years, was missing from the house without informing any one of the family from 08:00 a.m. on 20.01.2011 from village Rampur (Dema), P.S. Mohanpur, district Gaya. The informant gave a written information to the police and was making search of the victim. After a wide search out, the informant came to know that appellant Anil Chaudhary has induced the victim to go with him and appellant Rajesh Chaudhary, who is co-villager, was in the house of his friend Anil Chaudhary.
(3.) The aforesaid written information was lodged on 03.02.2011 and on the basis whereof Mohanpur (Barachatti) P.S. Case No. 31 of 2011 was registered.
After investigation, the police submitted charge-sheet and, accordingly, appellants were put on trial. ;
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