R.N.SAHAY, J.

1. In Sessions Trial No. 109 of 1987 on the file of 2nd Additional Sessions Judge, West Champaran, Bettiah, six persons were placed on trial to answer the charges under Ss. 366A/109 and 376/109 of the Indian Penal Code. Accused Karmullah Ansari and Salim Mian were acquitted by the trial Court and remaining four accused persons were convicted of the charges framed against them.

2. In Cr. Appeal No. 334 of 1989 appellants are Zazul Mian alias Azzul Mian and his mother Raisani alias Raisan of village Tituhiya, P. S. Sikarpur in the district of West Champaran. In Cr. Appeal No. 274 of 1989 the appellant is Munir Mian of village Telpur, P. S. Lauria in the district of West Champaran. In Cr. Appeal No. 242 of 1989 appellant is Saheed Mian of village Baswariya, P. S. Chautarba in the district of West Champaran. Saheed Mian is the son of Salim Mian, who was acquitted by the trial Court.

3. On 31-5-1986 Shobha Kumari daughter of Ram Brichh Pandey of village Tutuhia disappeared from her home. Shobha was minor aged about 15 to 16 years. According to the evidence of Ram Brichh Pandey, father of the girl, he saw appellant Raisani coming to his house in early hours of the morning and talking to the girl. The girl went withRaisani saying that she was going to answer the call of nature. It was the prosecution case that Raisani was acquainted with the family of Ram Brichh Pandey. The evidence of Ram Brichh Pandey that he allowed his daughter to go with Raisani does not appear to be convincing. There is no other evidence against this appellant.

4. When the girl did not return after an hour, her father went to the house of Raisani. She did not give any satisfactory answer. A search was made for the girl but she could not be traced out. Ram Brichh Pandey suspected Zazul Mian and his mother having enticed away Sobha so that she would be married to appellant Zazul Mian. Both the appellants were arrested and investigation was taken up. The police was informed that the girl had been kept in the house of Saheed Mian in village Baswariya from where the girl was taken to another place. On 19-6-1986 Sobha was recovered from the house of one Nurul Hassan from a village in the district of Azamgarh in Uttar Pradesh.

5. The defence of the appellants was that Sobha Kumari was not minor and she had left her house and had gone with Zazul Mian on her own accord.

6. Appellant Saheed Mian is the Mausa of Zazul Mian. The evidence of Sobha is that she was taken by Zazul Mian from her village home and first taken to the house of Karmullah Ansari (since acquitted) of the same village of which Sobha belonged. From there she was taken to the house of appellant Munir Mian and was kept for two days. Thereafter she was brought to the house of appellant Saheed Mian. She was taken to Gorakhpur from where she was taken to the house of Phupha of Zazul Mian at Azamgarh from where she was recovered. The evidence against Munir Mian is the same as the evidence against Saheed Mian. It appears that the statement of the girl was recorded on 23-6-1986 i.e. after four days of her recovery, during which period she was under the custody of her father.

7. According to the case of the appellants in Cr. Appeal No. 334 of 1989, Shobha Kumari has left the village on her own accord much before 30-5-1986 the alleged date on which she is said to have been enticed away. In support of this, the defence relied on the Station Diary Entry No. 663 of the concerned Police Station, which was not exhibited. The Officer-in-charge stated that he heard a vague information on 31-5-1986 that a Hindu girl was kidnapped by a Mohammadan. Shobha Kumari was produced before the Police one and a half months after she was enticed away. The evidence of Shobha Kumari is that she was taken to Sabeya Taipur Baswari Bagha Railway Station and then she went to village Amdehi. According to the defence she remained out of her house for 32 days. In this view of the matter, it is submitted that she had lef