RAYASAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence passed by Ist Additional Sessions Judge, Palamau in S.T. No. 31 of 1983, whereby and whereunder the learned Sessions Judge convicted the sole appellant for the offence under Section 363 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for three years.

(2.) The case of the prosecution in brief as stated is that the Informant submitted a written report alleging therein that the appellant, Md. Rayasat was an employee in the shop of the informant and at time he used to stay in the house of the Informant. But, on account of certain reason he was removed from service on 13.7.1980. Thereafter, the appellant was doing service in the shop of the Gulam Rasool. It is further alleged that from 20.7.1980 at about 5 a.m. in the morning his daughter aged about 14 years had gone to Church for prayer but did not return home. His son started searching for his daughter, Albina but she could not be traced and on 23.7.1980, he came to know from one Manual Oraon that Albina was seen with the appellant at Daltonganj Court. Thereafter, Piter Munjani went to Daltonganj to search out his sister and she was traced there and accordingly FIR was lodged for the offence under Sections 363 and 366, IPC.

(3.) The witnesses were examined in the Court below. After considering the evidences on record, the trial Court convicted and sentenced the appellant, in the manner, as stated above.