The judgment emphasizes the importance of corroborative evidence and the need for charges to be proven beyond reasonable doubt.

P.N.Yadav, J.

1. This appeal is directed against the judgment and order dated 19th and 23rd June, 2000 passed by Sri Nageshwar Prasad, Ist Additional Sessions Judge, Araria in Sessions Trial No. 691 of 1998 whereby and whereunder he convicted the appellant under Sections 365 and 366 of the Indian Penal Code (hereinafter referred to as the Code) and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/- under Section 366 and to undergo rigorous imprisonment for five years and to pay a fine of Rs. 3,000/- under Section 365 of the Code and in default of payment of fine, he was to undergo simple imprisonment for four months, both the sentences having been ordered to run concurrently.

2. The prosecution case as unfolded in the FIR and the evidence of the prosecution witnesses lay within narrow compass. In the morning on 29th December, 1997, the victim Dukhni Devi (PW 4) was cooking bread. Just then Ramesh Risideo, who was also made accused in the case entered into her house, went to her, took a bread and ate 1/2 of the bread and gave the remaining half portion to PW 4. The victim was at that time alone in her house. Ramesh Risideo asked her to accompany him saying that he would marry her and he forcibly took her with him on pretence that they would visit a theatre at Forbesganj. No sooner had the victim (PW 4) and the aforesaid Ramesh Risideo arrived near a canal then the appellant with a cycle appeared there. The appellant took both Dukhni . Devi and Ramesh Risideo on his bicycle and set out and they went to Forbesganj. The victim was confined there in a house made of mud and straw. Ramesh Risideo left the victim and went away. While he was departing the victim lodged protest and she asked him to remain with her but her request went unheeded for by him. The appellant took the victim to his house.

3. PW 10, Md. Khuda Bux, a local Dafadar happened to see the appellant and the victim woman aged about 22 years entering into the house of the former and he got suspicious about them and hence he submitted a written report to the Officer Incharge of Kurskanta Police Station on the basis of which the formal FIR (Ext. 5) was drawn up and the case was registered. Investigation was taken up by PW 12, Nand Kishore Singh. After completion of investigation, the charge-sheet was submitted under Sections 363, 365 and 366 read with Section 34 of the Code and finally the trial commenced after commitment.

4. In order to prove this case the prosecution examined PW 1, Sk. Kafil, PW 2, Sk. Sultan, PW 3, Gulabchand Yadav, PW 4, Dukhni Devi, victim, PW 5, Yogendra Goswami, PW 6, Vijay Kumar Goswami, PW 7 Ramesh Kumar Goswami, PW 8, Parmeshwari Risideo, PW 9 Yogesh Risideo, PW 10, Md. Khuda Bux, the informant, PW 11, Dr. P.K. Yadav and PW 12, Nand Kishore Singh, the Investigating Officer.

5. Learned Additional Sessions Judge taking the facts circumstances and evidence brought on record into account found and held the appellant guilty and he convicted and sentenced him under Sections365 and 366 of the Code as stated above vide the impugned judgment and order.

6. The appellant assailed the judgment and order passed against him on the ground that it was not based on law and facts and proper appreciation of materials available on records rather it was based on surmise and conjunctures.

7. Now the only point for determination is whether the impugned judgment and order of conviction and sentence recorded against the appellant can be upheld on the basis of the materials available on records. The victim Dukhni Devi (PW 4) is the most competent and natural witness in the case and as such her evidence assumes important significance. She supported the prosecution case in its entirety by stating on oath that at the relevant point of time on the fateful day she was preparing bread on her house and just then Ramesh Risideo went to her, took a bread from her and he gave half of the bread to her and he himself ate the remai