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2025 Supreme(Online)(Pat) 1875

PATNA HIGH COURT
ARUN KUMAR JHA, J
Binod Kushawaha – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellant/s: Mr.Bashistha Narayan Mishra
For the Respondent/s: Mr. A.M.P. Mehta

Table of Content
1. prosecution established the appellant's kidnapping of the minor. (Para 2 , 3 , 4)
2. the defense challenges the evidence credibility and conviction basis. (Para 8 , 9)
3. the trial court's credibility assessment and conviction basis discussed. (Para 10 , 11)
4. final ruling reduced sentence based on time served. (Para 12 , 13 , 14)

ORAL JUDGMENT

Date : 06-12-2025 Heard learned counsel for the appellant and learned APP for the State.

2. The appellant has filed the present appeal assailing the judgment of conviction and order of sentence dated 08.05.2004 passed by the learned 6th Additional Sessions Judge, Bettiah in Sessions Trial Nos. 84 of 2002, arising out of Piprasi P.S. Case No.06 of 2000 by which the appellant has been convicted for the offence punishable under Section 366 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for seven years and also to pay a fine of Rs.1,000/- and in default to pay fine, he has to undergo further rigorous imprisonment for three months.

3. The prosecution case is based on the written complaint of one Nandu Rai to the effect that on 26.02.2000 at 5.00 A.M., his minor daughter, aged about 15 years, wen

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