DHARMENDRA SIKDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) I have already heard the arguments advanced by Mr. Manoj Kumar Sah, learned counsel for the appellant as well as Mr. Sunil Kumar Dubey, learned Additional Public Prosecutor appearing for the State.

(2.) This instant criminal appeal is directed against the judgment of conviction and order of sentence dtd. 23/10/2007 and 29/10/2007 respectively passed by learned 6th Additional Sessions Judge (F.T.C.-3), Godda in Sessions Trial No.228 of 2005 arising out of Godda (Town) P.S. Case No.271 of 2005 (corresponding to G.R. Case No.884 of 2005), whereby and whereunder, the sole appellant has been held guilty for the offences under Ss. 376 and 366 of the Indian Penal Code and sentenced to undergo R.I. for seven years for the offence punishable under Sec. 376 of the I.P.C. with fine of Rs.5,000.00 and R.I. for six years for the offence punishable under Sec. 366 of the I.P.C., with default stipulation. Both the sentences were directed to run concurrently.

(3.) The factual matrix giving rise to this appeal is that on 19/8/2005 since 0230 p.m., informant's minor daughter aged about 16 years (victim girl) was traceless from the house, the informant Mahendra Mandal (P.W.3) was attending his work and returned to home in the evening at about 0500 p.m. then his wife Shila Devi (P.W.2) disclosed about the said incident. It is alleged that the informant along with other family members made hectic search of his daughter, then it was disclosed by his neighbours that victim girl used to talk with the accused Dharmendra Sikdar. The informant went to the house of Dharmendra Sikdar but he was not present and his father Suresh Sikdar told that he had gone to Godda in search of job and has not returned. The informant was about to lodge the F.I.R. in connection with the said occurrence, meanwhile, on 22/8/2005 at about 1030 a.m., Officer-In- Charge Godda (Town) Police Station arrived at his house and his fardbeyan was recorded.