Criminal Appeal (SJ) No.294 OF 1994
[Appeal against the judgment and order dated
31.8.1994 passed by the Additional Sessions Judge
XII, Patna in Sessions Trial No.635 of 1991]
SURESH PRASAD MOCHI @ SURESH PRASAD S/O KESHO LAL,
RESIDENT OF MOHALLA HATI KHANA, P.S. DINAPUR, DISTRICT
PATNA .......................... Appellant
Versus
THE STATE OF BIHAR .............. Respondent
For the Appellant : Mr. Sunil Kumar, Advocate
For the Respondent : Mr. J. K. Singh, Addl. P.P.
---------
PRESENT
THE HON’BLE JUSTICE SMT. ANJANA PRAKASH
Anjana The appellant has been convicted u/s. 366 I.P.C. and
Prakash, J:
sentenced to R.I. for three years by a judgment dated
31.8.1994 passed by the Additional Sessions Judge XII, Patna
in Sessions Trial No.635 of 1991.
The case of the prosecution is that the informant
suspected that his grand daughter, who did not come back after
the call of nature, had been kidnapped by the accused persons
including the appellant.
During trial the prosecution has examined five
witnesses in all. Out of whom, P.W.1 has merely stated that the
alleged victim was in her Sasural and has three children. He
has no doubt proved the Exhibit 2, which is the statement of the
victim recorded u/s.164 Cr.P.C. but the same is inadmissible in
view of the fact that the victim herself has not been examined.
-2-P.W.2, P.W.3 and P.W.4 are the sons and wife of the informant
respectively, whereas P.W.2 and P.W.3 are not material
witnesses and P.W.4 has been tendered. P.W.5 is an
Advocate’s Clerk, who has proved the case diary. The
Investigating officer has not been examined in this case.
On going through the evidence on record, I find that in
fact this is a case of no evidence and apart from the vague
suspicion that the victim had been kidnapped by the accused
persons, there is no cogent proof of the same.
In the result, this appeal is allowed and the order of
conviction and sentence passed against the appellant on
31.8.1994 by the Additional Sessions Judge XII, Patna in
Sessions Trial No.635 of 1991 is set aside.
( Anjana Prakash, J. )
Patna High Court
Dated, 6th April, 2011.
NAFR/ Narendra/
