FARID ALAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned A.P.P. for the State.

(2.) The instant criminal appeal is preferred on behalf of the appellant against impugned Judgment of Conviction dtd. 29/1/2011 and Order of Sentence dtd. 3/2/2011 passed by the learned 1st Additional Sessions Judge, Hazaribag in Sessions Trial No.443 of 2008, whereby the appellant has been convicted for the offence under Sec. 366 and 376 of the Indian Penal Code. The appellant has been sentenced to undergo rigorous imprisonment for 8 years along with fine of Rs.10,000.00 for the offence under Sec. 376 of the I.P.C. and in default of payment of fine he was further directed to undergo rigorous imprisonment for 6 months. Further the appellant was directed to undergo rigorous imprisonment for 6 years along with fine of Rs.5,000.00 and in default of payment of fine he was directed to undergo rigorous imprisonment for four months for the offence under Sec. 366 of I.P.C. Both the sentences were directed to run concurrently.

(3.) The brief facts of the prosecution case leading to this criminal appeal are that the informant ' Kailash Thakur gave the information with the police station concerned with these allegations that on 10/4/2008, he left his house for Argadda at 6 o' clock of morning to distribute the marriage cards. At around 11:30 o' clock he received the phone call from his nephew Aditya Thakur that his 17 years old daughter Punam Kumari had gone to respond the call of nature at 7:30 o' clock of morning and did not come back. Having received this information, the informant came back to his house at Pelawal and made search of his daughter. The informant's wife told him that his daughter had gone alone to respond the call of nature. During search, Manoj Thakur and Ramdhani Thakur told them that his daughter Punam Kumari was seen by them when she was talking with the accused Farid Alam in the evening of 8/4/2008. Later on it also came to know that the victim (daughter of the informant) had been enticed away by Farid Alam with intent to marry her. On this written information, the Case Crime No.86 of 2008 was registered under Sec. 363, 366-A of the I.P.C. against Farid Alam.