SHAILESH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) No one has appeared on behalf of the Appellant. 07.07.2014 Heard learned counsel for the State. The Appellant has been convicted under Sections 366, 366A and 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of 10 years with a fine of INR 5,000.00 for the offence under Sec. 376 I.P.C. and further sentenced to undergo rigorous imprisonment for 7 years for the offences under Sections 366 and 366A with a fine of INR 2,500.00 and in default of payment further imprisonment for a period of 3 months.

(2.) Prosecution case that victim, who was minor, a student of Class-VIII went to school on 23.07.2008 but did not return from school. The appellant Sailesh Kumar Singh was the home tutor of the victim. He was married and blessed with two children. The informant went to the house of Sailesh for enquiry and he was found absconding. The father of Sailesh abused the informant the grand father of the victim. The Sailesh went to school of the victim called on the victim her to follow him to purchase book but the victim refused go in pretext that she had no money to purchase then Sailesh informed her that her mother is sitting at Belhar Chauk for purchase of book then she proceeded and go out of school and when she reached at school gate she was forcibly kidnapped and taken her inside a car and taken to Delhi by making her unconscious. She was kept in a room and was raped by Sailesh Kumar Singh under threat of assault by dagger. However at Delhi she got an occasion to inform a lady about her plight and on her assertion contacted her father P.W.7 on mobile and the lady disclosed the address of the area and locality. On that information the victim was recovered from Gurgaon near Palam Air Port by P.W.7 and P.W.4 and Sailesh Kumar Singh also apprehended and handed over to Sarswati Vihar Police Station. The Belhar police was informed who took the victim to Bihar. After the recovery of the victim the statement of the victim was recorded under Sec. 164 by P.W.12 the Judicial Magistrate and was medically examined by doctors who proved her age as per radiological report in between 15-16 years or below 16 years and as per school register proved by P.W.14 the in-charge Principal.

(3.) The defence of the appellant is complete denial of occurrence and assertion of the fact that victim left her house at her own and his is a case of love affairs between victim and appellant. The appellant was the home tutor and the victim was more than 18 years old and was major and doctor had found her 18 years old and adduced D.W.1 and 2 in support of his contention.