MADAN MACHHWA @ MADAN MACHHUWA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Akhouri Awinash Kumar, learned counsel for the appellants as well as Mrs. Nehala Sharmin, learned Special Public Prosecutor appearing for the State.

(2.) Instant criminal appeal is directed against the judgment dtd. 15/6/2006 and order of sentence dtd. 19/6/2006 passed by learned XVIIth Additional Judicial Commissioner, Ranchi in Sessions Trial No. 589 of 2003, arising out of Doranda P.S. Case No. 60/2003, whereby and where under the appellant has been held guilty for the offences punishable under Ss. 366, 366A and 447 of the Indian Penal code read with Sec. 34 of the I.P.C. and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1000.00 under Sec. 366-A of I.P.C. The appellant was further sentenced to undergo R.I. for seven years along with fine of Rs.1000.00for the offence under Sec. 366 of the Indian Penal Code and sentenced to undergo R.I. for three months for the offences under Sec. 447 of the I.P.C. with default stipulation. All the sentences were directed to be run concurrently.

(3.) As per F.I.R. daughter and niece of the informant had gone to the house of their uncle situated at Doranda for attending the Matriculation Examination. At the midnight of 22/23/2/2003 at about 02:00 AM, both the minor girls became traceless and on search by the family members they were unable to find them. It is further alleged that Raju Machhwa @ Chhota Raju and Madan Machhwa (present appellant) were also found absent from their houses. Therefore, suspicion towards them arose that they have kidnapped the girls on inducement.