JHARELA MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant as well as learned Additional Public Prosecutor for the State and perused the record.

(2.) This criminal appeal has been preferred against the judgment of conviction dated 17.10.2001 and sentence order dated 18.10.2001 passed by 10th Additional Sessions Judge, Saran, Chapra in Sessions Trial No. 49 of 2001/514 of 2001 by which and whereunder the appellant was convicted for the offence punishable under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of rupees one thousand, in default of payment of fine, he was ordered to undergo rigorous imprisonment for three months.

(3.) In brief, the prosecution case, is that P.W.2, namely, Bhagmati Devi gave a written report to officer in charge of Bheldi Police Station on 01.11.2000 to this effect that on the same day at 03:00 A.M., her daughter, namely, Laria Kumari aged about 16 years was found missing from the house and she made hectic search but could not succeed to trace her out. She expressed her belief that her daughter, Laria Kumari was kidnapped by Ranjit Mahto and Shankar Mahto for the purpose of marriage.