UMA DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Anurag Kashyap, learned counsel appearing for the appellant as well as Mr. Fahad Allam, learned Addl. P.P. appearing for the State.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 14/8/2006 passed by learned Additional District and Sessions Judge, Fast Track Court No.IX in S.T. Case No.366 of 2001 whereby and whereunder the appellant was sentenced to undergo S.I. for three years and to pay fine of Rs.2000.00 with default stipulation for the offences punishable under Sec. 366A/34 of the Indian Penal Code.

(3.) The prosecution case is based on written report of Hiraman Prasad (informant) stating inter alia that on 31/5/2001 at around 10:00 PM, his minor daughter, Kiran Kumari, went to the roof of the house after dinner. The informant suspected that his tenant, Uma Das (appellant), was trying to make arrangement for the talk in between his daughter and another tenant, Chitranjan Ojha, despite his earlier objections. After an hour, he found that his daughter along with Uma Das, Charan Das and Chitranjan Ojha, were missing from the roof and the back door of his house was opened. He suspected that his daughter had been kidnapped for improper purposes. Initially, to protect his family's dignity, he did not report the matter to the police but later submitted a typed report on 5/6/2001, suspecting the accused persons have kidnapped his daughter. On the basis of informant's typed report, a formal F.I.R. was instituted as Kadma P.S. Case No.67 of 2001 for the offences punishable under Ss. 366, 366(A) and 120(B) of the I.P.C. During investigation, the victim girl was recovered and her statement was recorded under Sec. 164 of the Cr.P.C.