Criminal Appeal (SJ) No. 242 OF 1995 ******** Against the judgment and order of conviction dated 29.9.1995 passed in Sessions Trial No. 473 of 1993/ 164 of 1993 by the learned Additional Sessions Judge, Kishanganj. ****** RANJIT MAHTO S/O BIPAT MAHTO R/O VILLAGE- BARO BHARA, P.S.- DIGHAL BANK (GARHBANDHAN), DISTRICT- KISHANGANJ. ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Vikram Deo Singh Adv. : Mr. Dharmendra Kumar Singh Adv For the State : Mr. Yogendra Kumar APP P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant has been convicted under Section 366 I.P.C. and sentenced to 7 years rigorous imprisonment by the learned Additional Sessions Judge, Kishanganj in Sessions Trial No. 473 of 1993/ 164 of 1993 by the judgment dated 29.9.1995. 2. The case of the prosecution is that on 5.11.1992 the daughter of the informant disappeared and it was suspected that the appellant and others had kidnapped her since earlier she was talking with the appellant. This information was given on 28.11.1992. During course of search the victim P.W. 7 was recovered on 22.11.1992 with the present appellant. 3. During trial the prosecution examined 9 witnesses out of P.W. 1 & 2 are hear say, P.W. 5 & 6 are tendered witnesses, P.W. 8 is the doctor who opined that the girl was aged about 16-17 years but did not find any marks of sexual assault on her, P.W. 7 is the victim girl herself and P.W. 3 is the informant. 4. On going through the evidence of P.W. 7 the victim who is the most material witness, I find that manner of occurrence described by her does not point to the conclusion that she had been kidnapped by the appellant. 5. More so, in view of her own statement that she had also stayed with the brother of the appellant at one point and time and slept with his wife which shows that it was probably a case of consent and also the fact that she was recovered almost a month later indicates the same. 6. The defence witness examined on behalf of the appellant has stated that the appellant and the victim had sweet relations from before and it was not a case of kidnapping but the victim had willfully going along with the appellants. 7. In the result, the appeal is allowed and the order of conviction and sentence passed against the appellant by the learned Additional Sessions Judge, Kishanganj in Sessions Trial No. 473 of 1993/ 164 of 1993 by the judgment dated 29.9.1995 is hereby set aside and he is acquitted of his charges. The appellant is discharged from the liabilities of his bail bonds. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 03rd May, 2011 NAFR/ Fahad.