RAJU NAYAK ALIAS SURENDRA NAYAK Vs. STATE

JUDGEMENT

(1.) The sole appellant preferred this appeal against the judgment dated 25-11-1995 and order of sentence dated 27-11-1995 passed by the Additional Judicial Commissioner, Ranchi in S.T. No. 163/1992/73/93 whereby and whereunder the appellant was convicted under Sections 363/365 of the Indian Penal Code and he was sentenced to undergo R. I. for four years under Section 365 of the Indian Penal Code and three years under Section 363 of the Indian Penal Code. However, both the sentences ordered to run concurrently.

(2.) The prosecution case in brief as stated that in the morning of 25-5-1991 where the informant Chhedi Mistry was sleeping in the terrace of his house the appellant, Raju Nayak came to his house and enticed away his daughter Gayatri Kumari who is aged about 15 years old. When he came down from the terrace, his wife told him that the appellant had enticed away Gayatri Kumari and thereafter they started searching his daughter and they also went to the house of the appellant but she could not be traced. Ultimately the informant submitted a written report before the police station and the case under Sections 363 and 365A of the Indian Penal Code was registered. However the girl was recovered on the same day at about 7.50 P.M. from the house of one Ramdeo Nayak, maternal uncle of the appellant situated at Bootymore at Ranchi. The girl was also examined by the doctor. The police investigated into the case and submitted charge-sheet against the appellant.

(3.) The witnesses were examined. Having heard both parties and considered the evidence on record, the Sessions Judge convicted and sentenced the appellant in the manner as stated above.