SUBHASH SOREN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant Criminal Appeal is directed against the judgment of conviction and sentence dtd. 18/12/2003 and 20/12/2003 passed by learned Sessions Judge, Dumka in Sessions Case No. 19 of 1999, whereby and whereunder the sole appellant has been held guilty and sentenced to undergo rigorous imprisonment for 10 years for the offences under Ss. 366A and 376 of the Indian Penal Code.

(2.) Factual matrix giving rise to this appeal in a narrow compass is that on 28/10/1997, at about 09:30 A.M., the victim girl had gone to her school and was attending her class, meanwhile on request of the present appellant, she went to Gyanda Cinema Hall and enjoyed a movie. It is alleged that on 28/10/1997, when daughter of the informant did not return home then he made hectic search of his daughter but no clue was found. The informant came to know that his daughter was seen by co-villagers namely Neelmani Hansda and Philip Murmu in the cinema hall with the present appellant. It is suspected that the appellant Subhash Soren with an intention to solemnize marriage with the informant's daughter has induced and taken away her elsewhere. It is also alleged that at about two years ago, informant's daughter was married to one Babulal Murmu of Village Kolho, P.S.- Gopikandar, Dist.- Dumka.

(3.) On the basis of written report of informant (father of the victim girl) F.I.R. was registered on 8/11/1997 against the present appellant for the offence under Sec. 366A of the I.P.C.