MANTU ALIAS MANTU KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned Counsel for the Appellant and the learned Counsel for the State.

(2.) The instant appeal is directed against the judgment of conviction dated 19.12.2002 and order of sentence dated 24.12.2002 passed in S.T. No. 363 of 1994 by Shri Janak Kumar Nath Tiwary. 11th Additional Judicial Commissioner, Ranchi. by which he found the Appellant, Mantu @ Mantu Kumar Paswan guilty under Section 366 of the Indian Penal Code and sentenced him R.I. for seven years under Section 366 of the Indian Penal Code.

(3.) It is submitted by the learned Counsel for the Appellant that there is no evidence of kidnapping the victim girl. She herself stated that she had gone with the Appellant on her own free will. He did not force her and subsequently, she was sent by inmates of the house to the police station, when the case was lodged. He has further argued that the medical report shows that the victim girl was not a minor. According to the medical report, doctor assessed her age as 17-18 years and as such the conviction under Section 366 of the Indian Penal Code is bad in law and fit to be set aside.