Criminal Appeal (SJ) No.99 OF 1995 (Appeal against the Judgment and Order dated 5/6.5.1995 passed by the Additional Sessions Judge- I, Siwan, in Sessions Trial No. 156 of 1982) CHANDRAWATI DEVI WIFE OF RAMA RAM, RESIDENT OF VILLAGE PAKKA GAON, P.S. RAGHUNATHPUR, DISTT. SIWAN AT PRESENT JAMO BAZAR, P.S. JAMO BAZAR, DISTT. SIWAN. ------ APPELLANT. Versus THE STATE OF BIHAR ---------RESPONDENT For the Appellant : Bhola Prasad Advocate. Satya Prakash, Advocate. For the Respondent : Miss. Veena Kumari Jaiswal, A.P.P. ----------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash,J: Heard. The Appellant has been convicted under Section 363 of the Indian Penal Code and sentenced to rigorous imprisonment for three years by a Judgment dated 5/6.5.1995 passed in Sessions Trial No. 156 of 1982 by the Additional Sessions Judge- I, Siwan. The case of prosecution according to the Complainant PW-4 is that her daughter who was aged about 12 years and dumb was taken away by the Appellant on the pretext for getting her treatment but she did not return. The prosecution in all examined nine witnesses out of whom PW-3, PW-5, PW-6 and PW-8 are tendered whereas PW-9 is a formal witness. PW-4 is the Complainant and PW-7 is the husband of the Complainant whereas PW-2 is the younger 2 brother of the husband of the Complainant and PW-1 is the independent witness. It appears from the evidence of these witnesses that the only material that has transpired is that after the victim was taken away by the Appellant on the pretext of her treatment, she became traceless. On the other hand, the defence of the Appellant is that the child has become traceless after she was got treated by the brother-in-law of the Appellant. It also appears that there is total lack of evidence that the alleged victim was taken away forcefully or without permission of her guardian and, therefore, no offence under Section 363 of the Indian Penal Code is made out on the facts of the case. In the result, the Appeal is allowed. The order of conviction and sentence passed against the Appellant in Sessions Trial No. 156 of 1982 by the Additional Sessions Judge-I, Siwan, is hereby set aside. The Appellant is discharged from the liability of her bail bonds. Patna High Court, Patna Dated, the 18th April, 2011 NAFR/S.ALI ( Anjana Prakash, J.)