JASBIR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present appeal is directed against the judgment of conviction and order of sentence dtd. 24/4/2007 passed by learned Additional Sessions Judge-III, East Singhbhum, Jamshedpur in Sessions Case No. 139 of 2005, whereby and whereunder the appellant has been held guilty for the offence under Sec. 376 & 366A of the I.P.C. and sentenced to undergo R.I. for seven years along with fine of Rs.5,000.00 for the offence under Sec. 376 of the I.P.C. and further sentenced to undergo S.I. for one year for the offence under Sec. 366A of the I.P.C. Both the sentences were directed to run concurrently. FACTUAL MATRIX

(3.) The factual matrix giving rise to this appeal is that on 30/4/2004 at about 7:00 AM, the informant left his daughter (victim girl) at K.M.P.M. Inter College. The daughter of the informant also requested to send her brother at about 11:00 AM for returning back to home. It is further alleged that informant's son Vivek reached at the said College at 10:45 AM and was waiting for his sister till 12 O' Clock, but she did not come out from the College, then he returned to home and narrated the above matter to his parents. In the course of search of his daughter, the informant has come to know that one Bapi (appellant) along with his family members has enticed and taken away the victim girl for solemnizing marriage with her. Accordingly, F.I.R. being Bistupur P.S. Case No. 90 of 2004 was registered for the offence under Ss. 366/34 of the I.P.C. against five accused persons including the appellant.