Shailendra Singh, J. – Heard learned counsel for the appellant and learned APP appearing for the State.

2. The instant appeal has been filed against the judgment of conviction dated 11.08.2016 and order of sentence dated 18.08.2016 passed by the learned Additional Sessions Judge-II, Benipur, Darbhanga, in connection with Sessions Trial Case No. 468 of 2010 arising out of Jamalpur P.S. Case No. 32 of 2010, whereby and whereunder the appellant has been convicted for the offences punishable under Sections 366 and 376 of the Indian Penal Code (hereinafter referred to as IPC) and sentenced to undergo rigorous imprisonment for ten years for the offence punishable under Section 366 of IPC with a fine of Rs. 15,000/- and has also been sentenced to undergo rigorous imprisonment for ten years for the offence punishable under Section 376 of IPC with a fine of Rs. 15,000/- and in case of default of payment of fine, additional imprisonment for six months has been awarded upon the appellant and both the sentences of imprisonment have been directed to run concurrently by the convicting trial court.

3. The substance of the prosecution’s case as appearing from the written report filed by the victim’s uncle namely Md. Aslam Sah (informant) is that on 25.05.2010 at about 8:00 P.M., the informant’s niece (hereinafter referred to as victim) went outside of her home to attend call of nature in an open field situated nearby her home then the accused/appellant forcefully caught hold of her and thereafter, kidnapped her by putting her in fear by showing a knife. The informant further alleged that when the victim did not return back, he and others started searching for her and made efforts to find her in their village but they could not find out the victim and thereafter, they contacted their relatives through phones who reside in nearby villages and after that, on 26.05.2010, one of the informant’s relatives, a resident of Khojari village, P.S.- Bheja, District- Madhubani, informed him that the appellant and the victim had been caught at Islampur village and then they went to Islampur village and caught the accused and brought the victim at their home. The informant disclosed the victim’s age as being 14 years at the time of commission of the alleged offences and according to him, the victim had been kidnapped by the appellant with an intention to take her somewhere.

4. Describing the above allegations, the informant Md. Aslam Sah filed a written application (Ext. 1) at Jamalpur police station, on that basis, a formal FIR bearing Jamalpur P.S. Case No. 32 of 2010 was registered under Sections 366, 366A and 376 of IPC against the appellant which set the criminal law in motion.

5. During investigation, the victim’s statement (Ext. - 2/1) was recorded under Section 164 of Cr.P.C. and after the completion of the investigation, the appellant was charge-sheeted for the offences punishable under Sections 366, 366A and 376 of IPC and the learned Magistrate took cognizance of the said offences and thereafter, committed the case of the appellant to the court of Sessions.

6. The appellant namely, Mantun Nadaf stood charged for the offences punishable under Sections 366, 366A and 376 of IPC.

7. During trial, the following witnesses, including the victim, were examined by the prosecution: –

P.W. 1 – Kayum Sah;

P.W. 2 – Abdul Hakim;

P.W. 3 – Mokhtar Ahmad;

P.W. 4 – Md. Mustaque;

P.W. 5 – Md. Aslam Sah (informant);

P.W. 6 – Shamim Sah @ Shamshai;

P.W. 7 – Kamrai Alam;

P.W. 8 – Md. Musa;

P.W. 9 – Akhlak Ahmad Sah;

P.W. 10 – XXXXX (victim);

P.W. 11 – Tripurari Singh;

P.W. 12 – Dr. Bedanand Jha

8. In documentary evidence, the prosecution proved the following documents and got them exhibited which are as under: –

Ext. 1 – Written FIR

Ext. 2 – Signature of one namely Akhlak Sah upon the written FIR.

Ext. 2/1 – Victim’s statement recorded under Section 164 of Cr.P.C.

9. The appellant’s statement was recorded under Section 313 of Cr.P.C. in which he denied the main circumstance appearing again