The prosecution must prove its case beyond reasonable doubt; insufficient evidence and contradictions in witness testimonies led to the appellant's acquittal.

JUDGMENT :

Heard Mr. Anirudh Kumar Sinha, learned counsel for the appellant and Ms. Anita Kumari Singh, learned APP for the State.

2. The present appeal has been filed under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred as ‘Cr.P.C’) challenging the Judgment of conviction dated 26.04.2013 and order of sentence dated 30.04.2013 passed in Sessions Trial No. 952 of 2009/73 of 2012 in connection with Maniyari P.S. Case No. 51 of 2009 passed by learned Additional Sessions Judge-IX, Muzaffarpur, whereby and where-under the appellant has been convicted for the offence punishable under Section 366A of Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of seven years and fine of Rs. 30,000/- and in default of payment of fine he will further undergo rigorous imprisonment for a period of three months and further directed that half of the fine will be paid to the victim as compensation and all sentences shall run concurrently.

3. The brief fact leading to the filing of the present appeal is that on the basis of written statement given by informant Kishandeo Mahto, his daughter aged about 15 years student of Class-X in Baghi High School was going to the school with her younger sister Babita, who is reading in Class-VI at about 7:00 AM on 25.05.2009. The younger sister Babita came at the house weeping and crying and told that as she and her sister reached near Bumbum Gachhi, at that time appellant Dilip Thakur came and forcibly taken away her sister (victim) pressing her mouth, on that information, Informant along with his family members came there but his daughter was not found. Thereafter, he went to the house of Dilip Thakur and asked about the occurrence, from Gangeshwar Thakur, brother of appellant, Nathuni Thakur, father of appellant and Saraswati Devi, mother of appellant but they do not reply satisfactorily and stated that they know nothing about the occurrence. Thereafter, even on hectic search he could not trace his daughter. Thereafter, he gave information to the police.

4. Further on the basis of written report Maniyari P.S. case no. 51 of 2009 dated 26.05.2009 was registered under Sections 366 and 366A of the Indian Penal Code at about 9.30 AM. On the same day at about 2:00 PM., the victim and appellant were recovered from Balia Chowk situated in Kurhani Police Station. The statement of the victim was taken who told about forcibly taken her away by the appellant and taken her to Hazipur Pathleshwar Ashthan and forcibly put vermilion on her head. Due to fear she could not restrain and they stayed in the night there from where they were coming then police recovered at Balia Chowk and the statement of the appellant was recorded who stated that he had married with her sweet will in the Hazipur Pathleshwar Ashthan. Thereafter, the appellant was arrested. The victim was produced before the S.D.J.M. West, Muzaffarpur and by order of the learned S.D.J.M west, Muzaffarpur the statement of the victim under Section 164 of the Cr.P.C. was recorded in which she stated that on 25.05.2009, when she was going to school then appellant along-with three other persons came and forcibly lift her by vehicle for marriage in a temple where she refused. Thereafter, on the next day, they came at Balia Chowk. He kept her in a Temple and from Balia chowk where the police had recovered her. She was medically examined by the doctors and her age was assessed 15 to 16 years and after completion of investigation, charge sheet was submitted under Section 366 A of the Indian Penal Code and after cognizance, this case was committed to the court of sessions. Charge was read over and explained to the appellant in Hindi to which he pleaded not guilty and claimed to be tried.

5. The prosecution has examined altogether 11 witnesses to substantiate the charges levelled against the appellant, out of them, PW-1 Bhola Mahto, PW-2 Mishrilal Sah, PW-3 Amarjeet Manjhi, PW-4 Md. Jaheed, PW-5 Kishandeo Mahto (informant), PW 6 Nee