UTTAM BISWAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present appeal is directed against the judgment of conviction dtd. 7/1/2006 and order of sentence dtd. 9/1/2006 passed by learned 2nd Additional Sessions Judge, Jamtara in Sessions Case No. 266 of 2001 / 34 of 2005, whereby and whereunder the appellants have been held guilty for the offence under Sec. 366A and 376 of the I.P.C. and sentenced to undergo R.I. of five years along with fine of Rs.1,000.00 for both the offences under Sec. 366A and 376 of the I.P.C. with default stipulation. Both the sentences were directed to run concurrently.

(3.) The facts giving rise to this appeal is that on 28/6/2001, both appellants enticed the minor daughter of the informant Sahdeo Bauri and taken away her for illicit intercourse on pre-text of marriage. Accordingly, Jamtara P.S. Case No. 133 of 2001 dtd. 28/6/2001 was registered on the basis of written report of the informant for the offences under Ss. 366A / 34 of the I.P.C.