BABUA SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the Judgment of Conviction dtd. 25/1/2006 and order of sentence dtd. 30/1/2006, passed by learned Additional Sessions Judge-cum-Fast Track Court-II, Giridih, in S.T. No. 378 of 2000, arising out of Jamua P.S. Case No.126 of 1997, corresponding to G.R. No. 1177/1997, whereby and where under the accused appellant Babua Sao was convicted for the offence punishable under Sec. 366-A of the Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.) and he was sentenced to undergo rigorous imprisonment (hereinafter referred to as the R.I.) for 7 (seven) years and also to pay a fine of Rs.10,000.00 (Rupees Ten Thousands only) and in default of payment of fine, he was further directed to undergo simple imprisonment (hereinafter referred to as the S.I.) for 1 (one) year.

(2.) The prosecution story arose in the wake of written report dtd. 17/7/1997 of the informant Md. Nizamuddin (P.W.-4), addressed to Officer In-Charge of Jamua Police Station. In his written report dtd. 17/7/1997 he alleged that last night on 16/7/1997 at about 11.30 p.m., his sister (hereinafter referred to as 'victim') was found missing from her house. It has further been stated that she was taken away after removing the tiles of the roof of his house. It has also been alleged that four days before the occurrence, accused Babua Sao was found scaling over the boundary wall of his house, and he was scolded. Thereafter, the guardian of victim informed the matter to the guardian of Babua Sao, but the guardian of Babua Sao did not take any action and threatened them to kidnap the victim. It has further been alleged that lastly, the accused persons took away the victim and in the process of taking away, Amitabh Bachchan, S/o Shiv Narayan Ram of village Kharagdiha and Sarju Sao, elder brother of accused Babua Sao, had also participated in the commission of the offence.

(3.) On the basis of the said written report of the informant, a case u/s 366 A of the I.P.C. was registered as Jamua P.S. Case No.126 of 1997 dtd. 17/7/1997 and thereafter formal FIR was drawn up and the police started investigation of the case and after completion of the investigation, the police submitted charge-sheet on 30/9/1997 vide charge-sheet no. 159 of 1997, against this appellant Babua Sao along with other co-accused persons Sarju Sao and Amitabh Bachchan for the offence punishable under Sec. 366-A/34 of the I.P.C. in the court of C.J.M., Giridih and later on the learned C.J.M., Giridih took the cognizance under the aforesaid offences on 15/10/1997. It further appears that vide order dtd. 9/11/2000, the case of accused Amitabh Bachchan was separated from the case of remaining accused, because he absented from the Court for a long time. Thereafter on 14/12/2000, the case of the accused Babua Sao and Sarju Sao was committed to the Court of Sessions. After commitment, the charges u/s 366A/34 of the I.P.C. was framed by the learned IVth Addl. Sessions Judge against the accused person along with other co-accused on 25/1/2002, which was read over and explained to them in Hindi, to which, they pleaded not guilty and claimed to be tried and the learned trial court after conducting the full-fledged trail, passed the impugned judgment of conviction and order of sentence, which is under challenge in this appeal.