ASHOK MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) No body appears on behalf of the Appellants on repeated call. On the request of the Court Mr. Purnendu Sharan argued the case on behalf of the Appellants as amicus curie.

(2.) This appeal is directed against the judgment dated 1.6.2002 and order of sentence dated 6.6.2002 passed by Shri Binay Kumar Sahay, learned Additional Sessions Judge-XIII, Dhanbad in Sessions Trial No. 243 of 1999, by which judgment he found both the Appellants guilty under Sections 366-A and 376/34 of the Indian Penal Code and acquitted them from the charges under Section 376 of the Indian Penal Code and sentenced them to R.I. for 7 years each under Section 366A of the Indian Penal Code and also to pay a fine of Rs. 1,000/- each and in default to further undergo R.I. for one year.

(3.) It is submitted by the learned Counsel for the Appellants as amicus curie that it will appear that the occurrence took place on 14.4.98 on which date the informant's daughter, namely, Sangita Kumari had gone to attend her school at BIT Sindri, but she did not return, hence F.I.R. was lodged on 3.6.1998 i.e. after a long delay of more than one and half months. He has further submitted that even the victim girl admitted in her statement that she had love affair with the accused-Appellant-1, Ashok Mahto and they have compromised the matter, in spite of that finding of conviction has been passed. In that view of the matter, the finding of conviction and sentence has been passed by Additional Sessions Judge-XIII, Dhanbad, is bad in law and only fit to be set aside.