VISHNUDEO NARAYAN, J. - (1.) THIS appeal has been directed by the sole appellant named above against the judgment and order dated 02.02.96 passed by Shri Ram Nath Ram Mahto, 4th Additional Sessions Judge, Dhanbad in Sessions Trial No. 288/ 88 whereby the appellant was found guilty for the offence punishable under Section 366A of the Indian Penal Code and he was convicted and sentenced to undergo R.I for 10 years. However, two other co -accused persons, namely, Md. Salim and Mahesh Mandai have been acquitted.
(2.) THE prosecution case has arisen on the basis of the fardbeyan of P.W 2 Baidyanath Manjhi, the informant, recorded by R.K. Yadav, O.C. Tisra Police Station on 15.12.1985 at 14.30 hours at the house of the informant in village Lodna Mallah Patti, P.S. Tisra District Dhanbad regarding an occurrence which is said to have taken place at 20.30 hours on 12.12.85 at Lodna Mallah Patti aforesaid. The prosecution case, in brief, is that Bimla Kumari the daughter of P.W 2, the informant, had gone for nature's call in the company of her younger sister Bilma Kumari towards Lodna fire area. P.W 3 Bilma Kumari aged about 12 years came to her house and told the informant that the appellant along with two other acquitted accused persons aforesaid has kidnapped Simla Kumari at the point of dagger and they have taken her away on a car after closing her mouth with clothes forcibly. On getting this information he requested four or five persons of the locality to chase the appellant and others and also provided them a car for going to Dhanbad side and, thereafter, the informant also started making search of Simla Kumari in the nearby places but all in vain. It is further alleged that the informant did not lodge any information with the police earlier in view of the fact that Tilak ceremony for the marriage of Simla Kumari aged about 14 years was to be performed on 13.12.85. The prosecution case further is that on 13.12.85 at about 5.00 P.M. the aforesaid persons came to the house of the informant in the company of Simla Kumari and they told informant that they learnt at Dhanbad bus stand that the appellant along with other acquitted accused persons have proceeded towards Nawadah by a bus and, thereafter, they also went to Nawadah where they have recovered Simla Kumari from the accused who have fled away from there.
(3.) THE appellant has pleaded not guilty to the charge levelled against him and he claims himself to be innocent and to have committed no offence and that no occurrence in the manner as alleged has ever taken place.;