BADAL TOPPO Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) Both the appeals were heard together and are being disposed of by this common judgment.

(2.) Both the appellants preferred these appeals against the judgment of conviction and sentence dated 20-8-2000 passed by 2nd Assistant Sessions Judge, Gumla in Sessions Trial No. 60 of 1999 whereby and whereunder the learned Assistant Sessions Judge convicted the appellants under Sections 366 (A) and 376 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for ten years on each count.

(3.) The case of the prosecution in brief is that the informant Jivan Minj submitted a written report before the police on the basis of which, first information report was lodged alleging therein that on 11-9-1998 at about 9.30 P.M. his sister Anjela Minj had gone to the house of one Badri Prasad for witnessing Television along with her cousin sister Veena Minj. While she was returning home, the appellants intercepted and the victim Anjela Minj was taken away on the point of knife. They had also threatened Veena Minj that if she will disclose the matter to any body, she will have to face the consequences. It is further alleged that Veena Minj did not disclose the said story of kidnapping by the appellants to any person but on 13-9-1998 when appellant Badal Toppo came to take the cloth of Anjela Minj from Jyoti Minj and thereafter the matter was disclosed and Veena Minj narrated the incident to the informant who lodged the first information report.