MANOJ KUMAR MUNDA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 31-3-1998 in Sessions Trial No. 120 of 1996 whereby and whereunder the learned Judicial Commissioner, Ranchi held the appellant guilty under Section 366 of the Indian Penal Code and convicted and sentenced him to undergo RI for seven years.

(2.) Prosecution case is brief is that Jaleshwar Mahto, the informant gave a written report (Ext. 1) to the officer-in-charge of Hatia Police Station stating, inter alia therein that his daughter Uma Kumari everyday used to go to quarter No. B-32/3 for learning sewing and used to return back in time, but on 16-8-1995 when she did not return by 1.00 pm. then he inquired from one Sunita Kumari, friend of his daughter Uma Kumari and in course of inquiry he came to know that his daughter Uma Kumari was returning with Sunita Kumari after learning sewing but in the way, Manoj Kumar Munda (appellant) came before her and talked to her for sometime. Thereafter, Uma Kumari asked Sunita Kumari to wait for sometime but she did not stay for long and came back her home. He doubted that his daughter has been kidnapped by the appellant Manoj Kumar Munda. On this piece of written information, a case bearing Hatia P. S. Case No. 160 of 1995 under Section 366, IPC dated 16-8-1995 was registered and I.O. after investigation submitted charge sheet in the case. Cognizance in the case was taken and the case was committed to the Court of Sessions and the learned Court below recorded evidence of witness both oral and documentary and came to a finding and held the appellant guilty and convicted and sentenced him as aforesaid.

(3.) Prosecution has examined altogether eight witnesses. PW-1 is Jaleshwar Mahto. He is informant as well as father of Uma Kumari, the victim girl. This witness has stated that his daughter used to go to quarter No. 32-B/3 for learning sewing and used to return back from there in time, but on 16-8-1995 she did not return by 1.00 p.m. then he went to residence of friend of his daughter to inquire from her as to why his daughter has not returned back and in course of Inquiry, he came to know that his daughter was also returning with her but in the way, the appellant Manoj Kumar Munda came there and he talked with his daughter for sometime and thereafter his daughter asked Sunita Kumari to stay but she did not stay for long and came back her home and thereafter on suspicion he has lodged this case.