STATE OF JHARKHAND Vs. DURGA SOREN @ BHOTA

JUDGEMENT

(1.) Heard Mr. A. K. Kashyap, learned Amicus Curiae in Criminal Appeal (DB) No. 1191 of 2016 for the appellant assisted by Mr. Akshay Kumar Mahto, learned counsel and opposed by Mr. Saket Kumar, learned A.P.P.

(2.) This appeal is directed against the judgment dtd. 22/9/2016 passed by Sri Manoj Srivastava, learned Principal District and Sessions Judge, Seraikella-Kharsawan in S. T. No. 90 of 2012 whereby and whereunder the appellant has been convicted for the offences under Sec. 376/302 I.P.C. and has been imposed capital punishment for the offence under Sec. 302 I.P.C. along with a fine of Rs.50,000.00 and has further been sentenced to undergo imprisonment for life and fine of Rs.50,000.00 for the offence under Sec. 376 I.P.C.

(3.) The FIR was lodged by Chandu Soren which reveals that on 8/11/2011 at around 4:00 P.M. when the informant was passing through the Chowk at Barakudar village, he had seen Durga Soren @ Bhota (Appellant) taking away his daughter Puspa Soren (Deceased) on the pretext of playing and along with them two other children namely, Mansa Soren and Nikita were also going. When even at 7:00 P.M., his six year old daughter did not return home, he had gone to the house of Durga Soren and enquired about his daughter, but Durga Soren had given an evasive reply. The informant started searching for his daughter along with the villagers and the matter was also informed to Gram Pradhan. It has further been alleged that on 10/11/2011, the informant could learn from the villagers that his daughter has been raped and murdered and her body was lying in the field at Rakha Dungri. He was of the belief that Durga Soren had allured his daughter to the field and had committed her rape and murder.