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2011 Supreme(Pat) 2025
PATNA HIGH COURT
Gopal Prasad, J.
Nishit Kumar
Versus
State Of Bihar
Criminal Appeal (SJ) No. 48 of 1998
Decided On : SEPTEMBER 23, 2011
The judgment establishes that the evidence of kidnapping and holding the victim under threat and fear, supported by the victim's statement and witness evidence, led to the dismissal of the appeal and confirmation of the conviction and sentence.
Headnote:
Kidnapping - Indian Penal Code - Section 366, Section 376 - The judgment discusses the age of the victim, consent, and the evidence supporting the prosecution case. The court considers the victim's statement, evidence of witnesses, and the conduct of the accused to conclude that the victim was kidnapped and held under threat and fear, dismissing the appeal and confirming the conviction and sentence.
Fact of the Case:
The victim, a minor, was kidnapped and held captive by the accused. The victim's father, the informant, made efforts to find her, and a compromise was forced upon him for her release. The victim's statement under Section 164 of the Cr. P. C. and evidence from witnesses supported the prosecution's case.
Finding of the Court:
The court found that the victim was kidnapped and held under threat and fear, dismissing the appeal and confirming the conviction and sentence.
Issues: The age of the victim and whether she was a consenting party were raised as issues in the appeal.
Ratio Decidendi: The court considered the victim's statement, evidence of witnesses, and the conduct of the accused to conclude that the victim was kidnapped and held under threat and fear, dismissing the appeal and confirming the conviction and sentence.
Final Decision: The appeal was dismissed, and the conviction and sentence were confirmed.
GOPAL PRASAD, J.
1. The appellant has been convicted under Sections 366 and 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years for each of the offence separately. However, it has been ordered that both the sentences shall run concurrently.
2. The prosecution case as alleged in the fardbeyan of the informant Arvind Kumar Sinha is that his daughter Jyoti Sinha aged about sixteen years used to go to Sewing Centre to learn sewing. On 07.09.1996, she went to the Sewing Centre as usual at 9:00 A.M. But she did not return as usual till 2:00 P.M. and in the evening he got information in court as he is Peshkar in Nawada Civil Court, then he made out a search at Sewing Centre and other places but all in vain. He searched at his relative. The search continues on 08.09.1996 to his relative but did not get any clue. On 09.09.1996, he learnt from his neighbour Santosh Kumar Sinha is that on 07.09.1996 at about 9:30 A.M. he saw his daughter with his nephew (Bhagina) Nishit Kumar near Devi Asthan. When he inquired about his Bhagina, then he found that the landlord in whose house his (Bhagina) Nishit Kumar used to live both were absconding and hence alleged that his daughter Jyoti Kumari has been kidnapped by Nishit Kumar Sinha and Ashok Jha (the landlord) for illegal acts.
3. Jyoti Sinha, the victim aged about sixteen years, is the daughter of informant Arvind Kumar Sinha who is Peshkar in Civil Court, Nawada. The victim went to sewing centre on 07.09.1996 at 9:00 A.M. as usual. She did not return till 2:00 P.M. The informant learnt about the missing of his daughter in the evening. He searched the victim at sewing centre as well as to her relative but all in vain. On 09.09.1996, he learnt from his neighbour Santosh Kumar Sinha that he had seen Jyoti Kumari with Nishit Kumar at Devi Asthan. The informant inquired about Nishit Kumar who used to live in the rented house of one Ashok Jha. Nishit Kumar and Ashok Jha were found missing and the house found to be locked. The informant lodged a fardbeyan.
4. On the fardbeyan, the First Information Report was lodged and investigation proceeded. During the investigation the informant went to the house of his sister and brother-in-law who were the father and mother of Nishit Kumar. The informant is the father of the victim and Mama of accused Nishit Kumar. The informant did not find his daughter and his Bhagina the accused Nishit Kumar there. The father and mother of Nishit Kumar pressurized the informant to compromise. However, the victim Jyoti Sinha having not recovered. The informant was compelled to sign a paper of compromise on 12.12.1996 with an assurance that the girl will be handed over at Nawada. The girl released on 13.12.1996, and on the same day Nishit Kumar also surrendered. The statement of the victim Jyoti Sinha was recorded under Section 164 of the Cr. P. C. on 16.12.1994 during investigation. The victim disclosed about the occurrence that while she was going to sewing centre Nishit Kumar came from behind and requested her to sit on rickshaw with a plea that he dropped her at sewing centre as the accused Nishit Kumar was her Fufera brother so she reposing confidence and faith on him, sat on the rickshaw. Nishit Kumar offered her Laddu as pretending to be "Prasad" and on taking Laddu, she became unconscious when she regains conscious she found herself in a room. Nishit Kumar kept her in a room for ten days. After ten days she was shifted to the house of parents of Nishit Kumar on a tempo. The house of the parents of Nishit Kumar was at Chandamari road while she was taken to house of the parents of Nishit Kumar at Chandamari road she did not make any cry because she was threatened and frightened. She was kept at the house of the father of accused for one-two hours. Thereafter, she was taken to the house of some relatives. There she was kept at the home of relative for five-six days. Again she was sent to another relative there also she was k
