NIRMAL BHENGRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Yogesh Modi, learned Amicus Curiae and Mr. Bhola Nath Ojha, learned APP.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 23/5/2013 (sentence passed on 28/5/2013), passed by Sri Vidhan Chandra Choudhury, learned Judicial Commissioner-II, Khunti in connection with S.T. No.433 of 2008, whereby and whereunder the appellant has been convicted for the offences punishable under Ss. 364, 376, 302 and 201 IPC and has been sentenced to undergo R.I. for 10 years along with a fine of Rs.5,000.00 for the offence under Sec. 364 IPC, R.I. for 10 years and a fine of Rs.5,000.00 for the offence under Sec. 376 IPC, R.I. for life and a fine of Rs.10,000.00 for the offence under Sec. 302 IPC and R.I. for 7 years for the offence under Sec. 201 IPC. In case of default of the total fine amount of Rs.20,000.00, the appellant was directed to undergo further rigorous imprisonment for 2 years.

(3.) The prosecution case arises out of the Fardbayan of Radsi Guria recorded on 25/6/2008 in which it has been stated that the daughter of the informant victim 'X' was playing in front of his house at around 10.00 AM. The wife of the informant Biswasi Guria was inside the house. The neighbour of the informant had a guest namely Nirmal Bhengra (appellant) who came in front of the house of the informant and started playing with his daughter. After some time, Nirmal Bhengra offered to take the child towards the road and when after expiry of a considerable length of time, the daughter of the informant did not return, the informant and his wife started searching for her. The shopkeeper of the grocery shop had disclosed that the guest of Raghu Guria had purchased biscuits and had given it to the child and had thereafter gone towards the jungle. The informant became suspicious and informed the villagers, but despite a search conducted, the daughter of the informant could not be traced out.