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PATNA HIGH COURT
B.N.P.Singh, J.
Akloo Sahani
Versus
State Of Bihar
Criminal Appeal No. 162 of 1990 ; 190 of 1990 ;
Decided On : AUGUST 2, 2001
Elopement - Criminal Law - Sec. 366 of the Indian Penal Code - Sec. 366 - The judgment discusses the evidence and arguments presented in the case, highlighting the strained relationship between the parties, discrepancies in witness testimonies, and the lack of corroborating evidence for the prosecution's claims. The court ultimately extends the benefit of doubt to the appellants and acquits them of the charges.
Fact of the Case:
The case involves the elopement of a young girl, Kabutri Devi, and the subsequent trial of the appellants under Sec. 366 of the Indian Penal Code. The prosecution presented witness testimonies and evidence of the girl being taken to various places by the appellants.
Finding of the Court:
The court found discrepancies in witness testimonies, lack of corroborating evidence for the prosecution's claims, and highlighted the strained relationship between the parties. Ultimately, the court extended the benefit of doubt to the appellants and acquitted them of the charges.
Issues: The issues revolved around the credibility of witness testimonies, the strained relationship between the parties, and the lack of corroborating evidence for the prosecution's claims.
Ratio Decidendi: The court's decision was influenced by the discrepancies in witness testimonies, lack of corroborating evidence, and the strained relationship between the parties, leading to the extension of the benefit of doubt to the appellants.
Final Decision: The appellants were acquitted of the charges and discharged from the liability of bail bonds.
B.N.P.Singh, J.
1. Both Criminal Appeal Nos, 162 of 1990 and 190 of 1990 arise from the common judgment dated 11th May., 1990, rendered by Shri Jaleshwar Ram, erstwhile Additional Sessions Judge, Motihari, in Sessions Trial No. 205/56 of 1982, by which the appellants suffered conviction under Sec. 366 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for a term of four years each and also to pay a fine of Rs. 500.00 , in default of which, they were to undergo further imprisonment for sixmonths. However, sentence of imprisonment in default of fine would run concurrently. Both these appeals have been heard together and are being disposed of by this common judgment.
2. Shortly after Asharfi Sahni (PW 4) returned to his house from Motihari, he learnt from his daughter-inlaw about appellants having enticed away his grand daughter Kabutri Devi, aged about 12 years on pretext of taking her to Vishnu Yaga, with an object to compel her marriage. The worried grandfather made hectic search for the missing grand daughter but there was no trace of her. He also made inquiries from Raghunath Salmi, Rajendra Sahni and others and finding no trace of the victim girl, set the Police in motion and with these narrations, statement of Asharfi Sahni was recorded at Madhuban Police Station, District East Champaran, which also forms basis of first information report drawn up on 13-4-1978. After commencement of the investigation. Police took necessary steps for recovery of the victim girl, visited various places, recorded statement of the witnesses and eventually, recovered Kabutri Devi from the house of one Ramayan Singh in village Khwajapur which is situated in the district of Gopalganj. The Police is also alleged to have apprehended appellant Bhageshwar Sahni from the house of the said Ramayan Singh and on conclusion of investigation, laid charge-sheet before the Court. The appellants on being committed to the Court of Sessions were eventually sent for trial.
3. At trial, prosecution examined nine witnesses and the trial Court on appreciation of evidences placed on record on behalf of the State found the appellants guilty and sentenced them in the manner stated above.
4. Now adverting to the evidences adduced on behalf of the State, one finds Yogendra Sabni (PW 1) stating before the Trial Court about he having witnessed the appellants in the company of Kabutri Devi and on inquiry he was told that they had taken the girl to visit the fair. After he learnt about missing of Kabutri Devi, he stated to have informed Asharfi Sahni about movement of Kabutri Devi with the appellants. Similar had been evidence of Phulchand Sahni (PW 2) about Kabutri to be in the company of the appellants while going to witness a fair. Asharfi Sahni (PW 4), who happens to be the person, who set the Police in motion, apart from reiterating his earlier versions, which he rendered before the Police, also stated to have visited village Khwajapur in the company of the Police and also Mohan, Lal Bahadur and Sheonandan Salmi, pursuant to which Kabutri was recovered from the house of Ramayan Singh and also that appellant Baheshwar Sahni also was apprehended from the house. Nathuni Salmi (PW 6) stated to have witnessed Akloo Sahni. Dhanwanti, Marachia, Bhageshwar and an unidentified person in the company of Kabutri Devi in the fair when on interrogation, Kabutri stated to have come to visit the fair. He would state to have learnt subsequently from Asharfi Sahni about elopement of Kabutri Devi when he disclosed complicity of the appellants to him who were Witnessed by him while taking Kabutri in their company. Rajendra Sah (PW 7) would state before the Court to have witnessed Kabutri in the company of appellant Bagheswar Salmi and Dhanwanti, when Kabutri, on her own, stated to him that she was going to village fair. Kabutri Devi (PW 8) would narrate before the Court that after Punia Devi took her to her house she noticed there Marachia and appellants
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