AMIT KUMAR DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Indrajit Sinha, learned counsel for the appellant and Mr. Vishwanath Roy, learned Spl. P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 13/1/2014 (sentence passed on 18/1/2014) passed by Smt. Seema Sinha, learned Additional Judicial Commissioner-III cum FTC (CAW), Ranchi in connection with S.T. No. 77/2009, whereby and whereunder, the appellant has been convicted for the offences punishable under Ss. 376, 302 and 201 IPC and has been sentenced to rigorous imprisonment for life along with a fine of Rs.5000.00 and in default in payment of fine to undergo simple imprisonment for one month under Sec. 302 IPC, rigorous imprisonment for life and a fine of Rs.5,000.00 and in case of default in payment of fine to undergo simple imprisonment for one month for the offence under Sec. 376 IPC and rigorous imprisonment for seven years and a fine of Rs.2,000.00 and in default in payment of fine to undergo simple imprisonment for 15 days for the offence under Sec. 201 IPC. All the sentences were directed to run concurrently.

(3.) The prosecution case arises out of the fardbeyan of Manoj Kerketta recorded on 14/11/2008 in which it has been stated that on 13/11/2008, the informant and his family members were in the house when at 7:00P.M., the father-in-law of the informant, namely Suleman Khalkho came at which, the eight-year-old daughter of the informant victim "A" had announced the arrival of her grandfather. The daughter of the informant thereafter went outside, but when she did not return even at 10:00P.M., the informant and his family members became worried and started searching for her in the neighborhood. In course of search of the daughter of the informant, her friend Soni Kumari had disclosed that at 8:00P.M., she had seen Amit Kumar Das(appellant) and the daughter of the informant going towards the Railway line. After getting this information, the informant and others went to the house of Amit Kumar Das, but he could not be found. It has been stated that today, i.e., 14/11/2008 in course of search, the semi-nude dead body of the daughter of the informant was found near the pond. There were scratch marks on the neck and body of the deceased and one eye was found damaged. On seeing the dead body, it could be gathered that after committing rape upon the victim, she was murdered.