ROHIT RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and the order of sentence dtd. 12/4/2019 passed by learned Additional Sessions Judge 1st, Jamtara in Sessions Trial Case No. 74 of 2017, in connection with Karmatanr P.S. Case No.114 of 2016 corresponding to G.R. Case No.641 of 2016, Jamtara, Jharkhand whereby and where under, the learned Additional Sessions Judge 1st, Jamtara has convicted the appellant under Sec. 363 of the Indian Penal Code and accordingly sentenced to undergo Rigorous Imprisonment for three years and to pay fine of Rs.4000.00 and in default of payment of fine, Simple Imprisonment for two month under Sec. 363 of the Indian Penal Code.

(2.) The brief fact of the prosecution case is based on the written information of Jitu Gorain (P.W. 9) addressed to Officer-In-Charge of Karmatanr. The prosecution story is that the occurrence was of 19/7/2016 at 10:30 A.M. when his daughter "X" was coming from the house of her maternal uncle and on the way near Samukhpokhar Bus Stand, the accused Rohit Rai had taken her away on his 2 Cr. Appeal (SJ) No. 479 of 2019 motorcycle. He has further alleged that his daughter "X" was minor, aged about only 15 years. He has further stated that he had gone to field at that time along with his wife and the occurrence of kidnapping of his daughter was informed by his son, then he searched his daughter but he could not find her trace and then he lodged a case against accused Rohit Rai.

(3.) On the basis of written application of informant Karmatanr P.S. Case No.114/2016 was registered on 21/7/2016 for the offence punishable u/s 366-A of IPC against accused. The I.O. after completion of investigation submitted charge sheet for the offence punishable u/s 376 and 366-A of IPC and thereafter the charges were also framed u/s 366-A and 376 of IPC on 28/7/2017 by Learned Principal Sessions Judge, Jamtara and after framing of the charge, the trial was commenced and the learned court below after conducting full-fledged trial passed the impugned judgment of conviction and order of sentence under which the sole appellant was found guilty for the offence punishable u/s 363 of IPC and the impugned judgment of conviction and order of sentence was passed.