Criminal Appeal (SJ) No.54 OF 1994 In the matter of an appeal under Section 374 (2) of the Code of Criminal Procedure. ************ BIPIN KUMAR, S/o Madho Lal Sah, R/o Siwan Purani Kila, Baniatoli, P.S.-Siwan Town, Dist.-Siwan. --------(Appellant) Versus THE STATE OF BIHAR------(Respondents) with CR. APP (SJ) No.55 oF 1994 SHANKAR PASI @ SHANKAR CHOUDHARY, S/o Kishori Choudhary, R/o- Purani Kila, Chiktoli, P.S.-Siwan Town, Dist.-Siwan-------------------------------------(Appellant) Versus THE STATE OF BIHAR------(Respondent) ************ For the Appellant : Mr. Surendra Pd. Singh, Adv. For the State : Mr. R.B. Roy ‘Raman’, APP. ************ P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ************* Anjana Prakash, J. The appellant, Bipin Kumar has been convicted under Section 366/34 IPC and sentenced to RI for seven years and under Section 376 sentenced to RI for three years whereas appellant, Shankar Pasi @ Shankar Choudhary has been convicted under Section 366/34 IPC and sentenced to RI for seven years by the 2nd Additional District & Sessions Judge, Siwan in S.Tr. No. 238 of 1986/137 of 1992 by judgment dated 22.02.1994. The prosecution case is that the appellants had kidnapped one Anita Kumari @ Alka Kumari who was later recovered. The prosecution to prove his case examined seven witnesses out of whom P.W 1 is formal in nature whereas the rest are the family members of the victim. It has been submitted on behalf of the appellants that from the perusal of the evidence of P.W. 6, the alleged victim, it appears that it was a case of consent between the 2 parties even though she has alleged that she was kidnapped by accused persons and sexually assaulted her which does not inspire confidence when her evidence be read as whole. The further submission is that the Doctor P.W. 7 opined that the girl was above twenty years of age and, therefore, when the witnesses have categorically deposed that she was seen going on a rickshaw in the company of these appellants, the only inference that can be drawn is that she had left willingly with the accused persons and thereafter gave incriminating statement on pressure of her family members. Having gone through the evidence of the prosecution witnesses and considered the submissions of the learned counsel for the appellants, I am inclined to allow the appeal and both the appellants are acquitted of all the charges and discharged of the liability of their bail bonds. The judgment dated 22.02.1994 passed by 2nd Additional District & Sessions Judge, Siwan in S.Tr. No. 238 of 1986/137 of 1992 is set aside. The appeals stand allowed. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 28th March, 2011. NAFR/Vikash/-