BUDHUA MACHHUA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both these appeals have been filed against the judgment of conviction dated 2.3.2000 and order of sentence dated 3.3.2000 passed by Sri Tarkeshwar Prasad, Sessions Judge, Chaibasa in Sessions Trial No. 408 of 1996. convicting the appellant - Somla Machhua under Sections 109/366 of I.P.C. and sentencing him to undergo R.I. for 3 years. The appellant- Budhua Machhua has been convicted under Sections 366 and 376 of I.P.C. He has been sentenced to undergo R.I. for 10 years under Section 376 of I.P.C. and R.I. for 4 years under Section 366 of I.P.C. However, both the sentences were directed to run concurrently.

(2.) The prosecution case in brief is that the informant Mathias Topno (P.W. 3) gave a written report to the police on 9.7.2006 stating inter-alia that on 7.7.1996 his minor daughter Agatha Topno (P.W. 1) aged about 13 years along with her friends (P.Ws. 2, 4, 5 & 6) had gone to forest to collect Mushroom. When they were returning, appellant Budhua Machhua, cousin of accused Ganesh Machhua and Mahadeo Machhua came there and took away Agatha Topno forcibly towards forest. On search, the informant could not find his daughter anywhere.

(3.) Mr. R.C. Khatri, learned counsel appearing for the appellants assailed the impugned judgment on various grounds. He submitted that it has come in evidence that it was a case of love affair and that, Agatha was aged about 17 to 18 years as per the doctor. He further submitted that she was examined after five days of the occurrence by the doctor who did not find any sign of rape. He also submitted that out of the sentences of 10 years, appellant Budhua Machhua has remained in jail for about 7 years and 8 months and out of sentences of 3 years appellant Somla Machhua has remained in jail for about 1 year 9 months.