CHARKA TURI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE sole appellant Charka Turi stands convicted for the offence under Sections 366 and 376 of the Indian Penal Code and sentenced to serve rigorous imprisonment for seven years and eight years respectively along with fines, by the Additional Sessions Judge -cum -Fast Track Court -VIII, Giridih in Sessions Trial No. 195 of 2001.

(2.) THE prosecution case, in brief, is that in the morning of 4th August, 2000, victim Usha Kumari left her house to go to her school. She failed to return to her house. Her family members tried to search her out, after which her father Jagdish Das reported the matter to Muffasil Police Station, Giridih on 6.8.2000 suspected that the appellant along with two others may have kidnapped the girl because the appellant has threatened him to ruin only one month earlier.

(3.) THE present appeal has been preferred on the grounds that the appellant has got no hand in the alleged kidnapping and commission of rape. It is further asserted that the appellant has kept Dumari Devi, the elder sister of the informant against his wishes, which has resulted in lodging the false case. According to the defence, the victim Usha Kumari was never kidnapped or kept confined as well as subjected to any sexual offence. The memo of appeal further mentions that Dumari Devi has examined herself in the Court below to assert that because of ill feeling for her keeping by the appellant with him, this false case has been implicated. It is also asserted that the witnesses have contradicted each other on material points and the doctor has not supported the story of prosecution. Therefore, in absence of Investigating Officer, the appellant may be acquitted under the charges, Learned Counsel further pointed out that the appellant has remained in custody throughout the trial and the present appeal.