DHANESHWAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned counsel for the State.

(2.) THE petitioner is an accused in a case registered under Sections 363/366/34 of the Indian Penal Code. After investigation the Police has submitted the charge sheet under the aforesaid sections and in addition Section 376 I.P.C. against both the accused.

(3.) THE learned counsel of the petitioner submitted that he has been falsely implicated in this case due to some family disputes. It is also submitted that it has come in the case diary at para 15, that the victim lady has stated before the police that she went with Dhaneshwar Mahto who is her friend's brother to Madhuban for enjoyment according to her own sweet will. She has further stated that the said Dhaneshwar Mahto never misbehaved with her. Thereafter, the police taken her back to her father. It is also submitted that though the victim girl stated the aforesaid statements before the police but she stated otherwise in her statements recorded under Section 164 Cr.P.C. which clearly shows that she was under the pressure of her parents at the time of recording her statement under Section 164 Cr.P.C. It is also submitted that there are several contradictory statements regarding the abduction of the girl by the petitioner. It is further contended that both the family are quite known to each other and they used to go each other's place often. Petitioner is in custody from 13.08.2012.