PUNIT TURI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred against the Judgment of Conviction dtd. 9/12/2011 and order of sentence 12/12/2011, passed by the learned Additional Sessions Judge-I, Bermo at Tenughat, in S.T. No. 262 of 2000, arising out of Gomia P.S. Case No.105 of 1999, corresponding to G.R. No.858 of 1999, whereby the accused appellants have been convicted for the offence under Ss. 363/34 of the Indian Penal Code and sentenced to undergo R.I. for five years with a fine of Rs.5,000.00 each and also directed that 50% of the fine would go to the informant and in case of default of fine, they were directed to undergo simple imprisonment (S.I.) for three months each.

(2.) The prosecution case, in brief, is that the Informant Sukar Singh Ghatwar had informed to the Police Station, Gomia on 20/11/1999 at 10.00 A.M. that her daughter Jhunwa Kumari aged about 14 years had gone for tuition on 19/11/1999 in the muhalla. She was a student of Class IX. She did not return till noon of the day then he (the informant) and his family started to search her, but she could not be traced out. In the evening at about 3-4 P.M. he got information from the villagers that accused Punit Turi and Bablu Ansari had induced her, kidnapped her and took her away to some other place. Thereafter, he approached to the family of aforesaid accused persons, but they did not listen him and abused him in a filthy language and threatened that they would assault him. Later on, it was disclosed that they had taken her to Hazaribag and Ranchi Road by bus. At Ranchi Road, another two accused namely Bablu Kewat and Ajay Karmali joined with them and boarded on train for Khalari and as they reached at Khalari Railway station along with the victim girl, one Dharmnath Singh who was the uncle of victim girl met them at Khalari Railway Station. When he saw the victim girl along with the accused persons, he enquired from her as to why and how come was she there. She narrated him the entire facts of her abduction by the accused persons. In the meantime, accused persons succeeded in fleeing away from the scene. Thereafter, Dharamnath Singh had informed the father of the victim and took her back to her parents' house and then the informant informed to the Police Station about the recovery of the victim girl.

(3.) On the basis of aforesaid written report, an F.I.R. was registered against the accused Punit Turi and Bablu Ansari U/Ss. 363 and 366-A of the I.P.C. The I.O. investigated the case and after completing the investigation submitted two charge-sheets against four accused persons namely Punit Turi, Bablu Ansari, Bablu Kewat and Ajay Karmali u/ss. 363, 366/34 of the I.P.C. The then A.C.J.M., Bermo at Tenughat took cognizance of the offence against them on 6/3/2000 and then on 22/6/2000 and after supplying the Police Papers to the accused persons, committed this case to the Court of Sessions on 21/8/2000. After commitment, this case record was received in the Court of District and Sessions Judge, Bokaro on 12/9/2000 and after registering it as S.T.No.262 of 2000, the Judge transferred this case to the Court of Addl. Sessions Judge III, Bermo at Tenughat for disposal. After appearance of the accused persons, charges against the accused persons were framed U/Ss. 363 and 366- A read with Sec. 34 of I.P.C. on 7/1/2002. The substance of charges was read over and explained to the accused persons in Hindi to which they denied and pleaded not guilty and claimed for trial 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.