LUXMAN MUSHAR, AND 3 OTHERS Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by four appellants. All the appellants have been convicted under Sec. 373 of the Indian Penal Code (hereinafter referred to as the 'Penal Code') and have been sentenced to undergo rigorous imprisonment for four years. The prosecution case has been started on the basis of a complaint petition dated 30.11.1970 field by Sharda Devi (P.W.1) wife of one Ramesh Chandra Dubey alleging, Inter alia, that on 27.11.1970 at 2 P.M. her daughter (by first husband) aged about 11 years named Urmila Kumari (P.W. 3) had gone to Tapobsadh in kokaibagh and from there the appellants kidnapped the girl on pretext that her mother is i11 at hospital. It is further alleged that the said Urmila Devi (P.W. 3) was detained at the house of the "Phuphi" of appellant no. 3 for ten days and there she was proposed to submit to their sex hunger but she did not agree. However, she was returned to her; mother (P.W. 1) after ten days by appellant no. 1 Luxman Mushar in court compound.

(2.) After the complaint was filed the learned Magistrate sent the same to the Sadar Police Station Purnea for institution of a case where Sadar Police Station Case No. 18 (12) 70 was instituted. The police after completing the investigation submitted charge sheet against the appellants and they were committed to the court of Sessions to stand their trial after separating the trial of one Ganga Mushar who was also charge -sheeted. All the appellants were charged under Sec. 373 of the Penal Code for obtaining possession of a minor girl Urmila Devi (P.W. 3) with intent to use her for immoral purpose.

(3.) In order to substantiate the charge against these appellants the prosecution has examined six witnesses, out of them P.W. 1 is Sharda Devi mother of the victim girl and P.W. 3 is Urmila Devi the victim herself. P.W. 2 has not supported the prosecution case and he has been declared hostile. P.W. 4 is a formal witness who has proved the first Information report (Ext. 1) and the signature (Ext. 2). P.W. 5 Rameshwar Thakur is a tendered witness. P.W. 6 is a doctor, who has proved the medical certificate (Ext. 3). The Investigating Officer of this case has not been examined by the prosecution. On the other hand, defence has also examined one witness who certified the papers Ext. A and A/4 which are affidavits dated 17.11.1970 and 5.12.1970 filed by Sharda Devi (P.W. 1) and Urmila Devi (P.W. 3) respectively.