LODHA BARA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The instant Jail Criminal Appeal is against the judgment and sentence dated 10.08.2005 passed by the learned Ad-hoc Additional Sessions Judge, Fast Track Court, Rourkela in S.T. Case No.78/17/2005 whereby and whereunder the sole appellant has been convicted for the charge under Sections 376(2)(f)/302 of the I.P.C. and accordingly sentenced to undergo R.I. for life and further sentence to undergo R.I. for a period of seven years for the charge under Section 364 of the I.P.C. and to pay fine of Rs.5,000/- on each account. In default of payment of fine, he shall further undergo R.I. for one year more.

(2.) We have heard the learned counsel for the parties and appreciated their arguments as also gone through the materials available on record.

(3.) The prosecution case, in brief, is that on 17.9.2004, the appellant took Anjali Lohar, a four years daughter of Telichand Lohar (Informant), at about 2.00 P.M. while she was playing on the road near the house of the informant. The girl did not return home. On account of delay in return of the girl, her mother Dhano Lohar searched for the girl, but could not find her. She informed the informant about it on his return to the house. The informant also searched for his daughter. He met the appellant and enquired the whereabouts of his daughter. Firstly, he denied having any knowledge about the girl. Then the persons of the locality have been informed. All of them enquired about the daughter of the informant from the appellant. Appellant replied that "KAMA KARI DEICHHI". He led and went ahead to Jakhna Tungri (local name of a forest). Due to night hours, appellant could not find out the dead body.