IMPORTANT POINT
For convicting a person under Section 366 A it is essential to establish that one has induced a girl below age of 18 years to go away from any place with intent that she would be forced or seduced to have illicit intercourse.

JUDGMENT

Ratnaker Bhengra, J.—This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 29th June, 1999 passed by the Sessions Judge, Bokaro in connection with S.T. No. 18 of 1995 arising out of B.S.City P.S. Case no. 94 of 1995, G.R. no. 276 of 1995 whereby and where under the appellant was convicted under sections 366 A and 376 of IPC and sentenced to undergo rigorous imprisonment for five years u/s 366 A IPC and R.I. for seven years and fine of Rs. 100/-u/s 376 IPC and in default of payment of fine, appellant was to further undergo rigorous imprisonment for fifteen days. Both the sentences were directed to run concurrently.

2. The case of the prosecution as per the fardbeyan dated 22.02.1995 of the informant Bhagwan Sah-PW-4 is that he along with his family members lives in a hut situated in Sector XII B and is used to sell vegetable. He has six daughters and one son and his eldest daughter is aged about 14 years (she is a victim and her name is concealed). Informant further stated that Lalta Yadav of village Rupchandpur, P.S. Badlapur, Distt-Jaunpur (U.P.) was living in a hut by the side of his hut and being a neighbour used to come in the house of the informant. He was working as labour with a contractor of the plant. Informant further stated that on 24.12.1994 the accused induced and kidnapped his daughter. But, with the help of Mahesh Yadav, who is the co-villager of the accused Lalta Yadav, he managed to bring his daughter on 28-12-1994 from the house of Lalta Yadav. But, at that time he did not lodge the FIR as the victim was unmarried and it was an issue of prestige. Then again on 26.1.1995 in absence of the informant and his wife accused Lalta Yadav induced his daughter for marriage and kidnapped his daughter. The informant with his friend Butur Singh and Moti Ram Yadav (co-villagers of Lalta Yadav) went to the house of the accused and found his daughter in the house of the accused. Informant further stated that the accused did not allow his daughter to go and accused told that he would marry his daughter and threatened to kill the informant.

3. On the basis of above fardbeyan police registered B.S.City P.S. Case no. 94 of 1995 u/s 366/366A of the IPC against the accused/ appellant. After completion of investigation, charge sheet was submitted against the appellant u/s 366, 366A and 376 of the IPC and cognizance of the offences were taken and the case was committed to the court of Sessions. Charges were framed against the accused under Sections 366A and 376 of the IPC. On conclusion of trial the learned trial court convicted and sentenced the appellant as aforesaid. Hence, this appeal.

4. Prosecution had examined altogether eight witnesses out of whom PW-1 Kalawati Devi is the mother of the victim; PW-2 is Bhagwan Sah, the informant and father of the victim; PW-3 Sunita Devi is a hearsay witness; PW-4 Kitabul Begam is also a hearsay witness; PW-5 is the victim herself, PW-6 is Dr. Maithily Thakur, who examined the victim girl on 26.4.1995; PW-7 is Raj Bali Sharma, the I.O. of the case and PW-8 is Vijay Kumar Singh, a constable and a formal witness.

5. PW-5 is the victim girl herself and she has stated in her evidence that on the day of occurrence at about 5 or 6 p.m. she was lonely in her hut. In the meantime, Lalta Prasad came in her hut and induced her and took her to this house in District-Jaunpur (U.P.) in the Badlapur police station. She lived there for five to six days and the accused kept her as his wife. Victim further stated that her mind did not work and the accused kept her forcefully. After 5-6 days her father came there and thereafter she returned to Bokaro. At that time case was not lodged due to prestige issue. She further stated that one day when her father went to Dundibad to sell vegetable and her mother had also gone there and nobody was in her house then Lalta Prasad and his friend Shankar came in a shop in front of her house. Thereafter Lalta Pr