JADU ORAON Vs. STATE

JUDGEMENT

(1.) THE sole appellant preferred this appeal against the judgment of conviction and sentence dated 12 -11 -1998 passed in ST. No. 685 of 1995 by Shri Rakesh Ranjan Verma, 5th Additional Judicial Commissioner, Ranchi whereby and whereunder the learned Additional Judicial Commissioner convicted the appellant for the offence under Sections 363/376 of the Indian Penal Code and sentenced him to undergo R.I. for three years for the offence under Section 363, I.P.C. and for a period of 10 years for the offence under Section 376 of the I.P.C. However, the sentences are ordered to run concurrently.

(2.) THE prosecution case in brief as stated is that the minor girl of the informant father namely Sushila Kumari was kidnapped by the appellant. The informant started searching his daughter at many places but she could not be treated. The villager Gander Oraon has been the appellant taking away Sushila Kumari towards western side of the village. On the basis of the written report submitted by the informant, the First Information Report was registered against the appellant for the offence under Sections 363/366, I.P.C. the police investigated the case and submitted charge -sheet for the offence under Section 376 of the Indian Penal Code as well.

(3.) THE learned Counsel, Mr. P.S, Dayal submitted that there is much contraction in the evidence of the witnesses and the doctor who had examined the victim did not find any injury on the person of the victim girl. It is also submitted that the victim girl was examined under Section 164, Cr.P.C. but she had not supported the prosecution case and the appellant has been dragged falsely in this case out of grudge. It is also argued that there was a delay in lodging the First Informantion Report of which there is no cogent explanation assigned.