JAI KISHORE SHARMA @ JAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned Counsel for the appellants and the learned Counsel for the state.

(2.) The instant appeal is directed against the judgment of conviction' and order of sentence dated 07.02.2001 passed in S.T. No. 158 of 1997 by Shri Kamala Prasad, 1st Additional Sessions Judge, Koderma, by which judgment he found the appellant guilty under Section 363 of the I.P.C. and sentenced him to undergo R.I for 3 years for the said offences.

(3.) It is submitted by learned Counsel for the appellant that victim girl was not examined in this case and there was no direct evidence to prove that the appellant kidnapped the victim girl, inspite of that the learned trial Court found him guilty under Section 363 of the Indian Penal Code, which is bad in law and fit to be set aside. He has further argued that moreover the appellant has remained in custody for more than two and half year i.e. from January, 1996 to August 1998, which is sufficient punishment. As to whether, the other allegation of kidnapping for immaterial and illegal purposes, were not proved and also not proved the charges of rape against the appellant.