SARWAR MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present appeal is directed against the judgment of conviction dtd. 20/1/2006 and order of sentence dtd. 21/1/2006 passed by learned Additional Sessions Judge-VIII, Palamau at Daltonganj in Sessions Trial No. 194 of 2003, whereby and where under, the appellant has been held guilty for the offence punishable under Ss. 363 and 366-A of the I.P.C. and sentence to undergo R.I. for three years under Sec. 363 of the I.P.C. and R.I. for five years under Sec. 366-A of the I.P.C. Both sentences were directed to run concurrently.

(3.) The factual matrix giving rise to this appeal in a narrow compass is that on 28/5/2002, informant's minor daughter was missing from the house. He tried to search out his daughter and got the information, the appellant has taken his daughter earlier also. The appellant took her daughter on 16/5/2002 and brought her at Calcutta. But that time on pressure, he produced her daughter in her house. On 29/5/2002, a village Panchayati was called and one of the accused accepted in the Panchayat them that daughter of the informant was with his brother (Sarwar Mian) at Calcutta. Informant tried to call his daughter, but she did not response.