VINOD KUMAR SINHA,J. - (1.) Sole appellant stands convicted under Section 366A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years, including a fine of Rs. 1000/- with default clause by the judgment dated 4.4.2003 and order dated 5.4.2003 passed by Sri Navin Kumar Sinha, the then Additional Sessions Judge, F.T.C.V, East Champaran, Motihari in Sessions Trial No. 426/96/11/02.
(2.) Prosecution case, in short, is that the informant Ramanand Rai (P.W.5) has lodged a written report before the Motihari Sadar Police Station on 5.7.1994 stating, inter alia, therein that his daughter Usha Kumari aged 15 years was living in his house and appellant enticed her away on 2.6.1994 and when he enquired about her from Ramadhin Sahni he told him that he would help him in bringing her daughter on the condition that he would not cause any harm to her and thereafter the informant went to the house of appellant Kapildeo Sahani and enquired whereabouts of him and he was informed that appellant Kapildeo Sahni had fled away. Thereafter the present case has been lodged.
(3.) On the basis of the aforesaid written report, Kesaria P.S.Case No. 48 of 1994 was registered and police after investigation submitted charge sheet against the appellant and Ramadhin Sahni under Section 366A IPC. However, it appears that Ramadhin Sahni died and, as such, case against him was dropped. Finally the case was committed to the court of sessions, which ultimately came to file of Sri Navin Kumar Sinha, the then Additional Sessions Judge, F.T.C.V, East Champaran, Motihari for trial and disposal.;