Criminal Appeal (SJ) No. 146 of 1995 *** Against the judgment and order of conviction and sentence dated 29.07.1995 and 31.07.1995 respectively passed by the 2nd Additional Sessions Judge, Arrah, Bhojpur, in Sessions Trial No. 660 of 1992. **** Chhathu Yadav son of Late Kedar Yadav, resident of village-Chandwa, Police Station- Arra Nawada, District- Bhojpur …Appellant Versus The State of Bihar ….Respondent *** For the appellant : Mr. Akhileshwar Pd. Singh, Sr. Advocate with Mr. Bimal Kumar No.2, Advocate For the respondent : Mrs. Madhuri Lata, A. P. P *** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH *** Anjana Prakash, J. The appellant has been convicted under sections 363/34 and 420/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and two years respectively by the 2nd Additional Sessions Judge, Arrah, Bhojpur, by his judgment and order of conviction dated 29.07.1995 and 31.07.1995 respectively in Sessions Trial No.660 of 1992. 2. The case of the prosecution is that the son of the informant i.e. P.W.6 was aged about 19 years and had just passed his matriculation examination after which accused Bihari Yadav lured him under the belief that his son could be employed for which a sum of rupees eleven thousand was paid to the appellant who handed over the same to the accused Bihari Yadav. After receipt of the money, the son of the informant is said to have left with the present appellant. 3. During trial, the prosecution examined nine witnesses out of whom P.W.1, 2, 3, 4, 5 and 6 are the material witnesses and on the factum of occurrence, - 2 - whereas, P.W. 7 and 8 are formal and P.W.9 is the Investigating Officer. The appellant adduced the evidence of two witnesses to substantiate his plea of alibi. 4. On going through the evidence of P.W. 1 and 3, the only material that has transpired against the appellant is that a sum of rupees eleven thousand was paid to him for which the son of the informant left with the appellant. Since this by itself is not enough to substantiate the charge under sections 364/34 and even section 420/34 Indian Penal Code, I am inclined to give benefit of doubt to the appellant. 5. In the result, this appeal is allowed and accused is acquitted of the charges under sections 364/34 and 420/34 Indian Penal Code. He is also discharged from the liabilities of his bail bond. (Anjana Prakash, J.) Patna High Court, Patna. Dated the 12th May, 2011 NAFR/ JA/- .