MAHESHWAR SINGH MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 25. 11. 2002 passed by Additional Sessions Judge, Fast Track Court. Seraikella in S. T. No. 4 of 1996 whereby and whereunder he convicted the appellant under Section 363 and 376 of the IPC and sentenced to undergo R.I. for four years for the offence under Section 363 of the IPC and R.I. for seven years for the offence under Section 376 of the IPC.

(2.) The case of prosecution, as per the fardbeyan of Thakur Das Mahto, is that on 24.7.1995 at about 7. 30 p.m., his daughter aged about 15 years, had gone for easing, but she did not return. It is stated that Maheshwar Singh Munda ( appellant) in the month of February had given letters to his daughter because of that informant chlded him, but at that time the appellant threatened him and said that he will take away his daughter and marry her. Accordingly, it is alleged that on 24.7.1995 Maheshwar Singh Munda took away his daughter, on the allurement of solemnizing marriage and concealed her.

(3.) On the basis of aforesaid information Ichagarh P.S. Case No. 36 of 1995 dated 27.7.1995 instituted under Sections 363 and 366A IPC and police took up investigation. It appears that during the investigation the victim girl recovered along with the appellant from Mosabani. Thereafter statement of victim girl recorded under Section 164 of the Cr. P.C. The victim girl medically examined by the doctor. The record further shows that after completing investigation police submitted charge sheet under Sections 366A, 368, 376/34 of the IPC against the appellant and two others, namely. Diwakar Singh Munda and Mihir Banerjee. It appears that after taking cognizance the case has been committed to the court of sessions as the offence under Sections 366A, 376 of the IPC are exclusively triable by the court of Sessions.