SURAJDEO SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both these appeals are directed against the judgment of conviction and order of sentence dated 03.10.2002, passed by learned Xth Additional Sessions Judge, Dhanbad, in Sessions Trial Case No. 300/90, convicting the appellants under section 363, 365 & 366-A of the Indian Penal Code and sentencing them to undergo R.I. for four years under section 363 IPC; five years under section 365 IPC and five years under section 366-A IPC, though all the sentences were to run concurrently.

(2.) The prosecution case in short is that the informant-Shyam Lal lodged a fardbeyan before the police on 23.9.1988 inter alia alleging that his daughter-Janki Kumari ( P.W-7), aged about 15 years, went to see Mela on 17.9.1988 but she did not return and from then he and his family members were searching her, during which, it was learnt that the appellants-Samay Lal Jaiswara, Surajdeo Singh and accused Indu Rai who were also working in the same colliery have abducted Janki with a bad intention and she has been kept confined. It was also learnt that appellants had love affair with Janki and accused Indu Rai has helped them. The appellants were also absconding from their duty.

(3.) Learned counsel for the appellants assailed the impugned judgment on various grounds. It is submitted that independent witnesses have turned hostile and the conviction is based on the interested witnesses and that there is major contradiction in the statement of Janki made before the Magistrate under section 164 Cr.P.C. and in the court and that the appellants have suffered this prosecution since 1988. It is further submitted that the trial court has not considered the materials on record properly.