LAXMI NARAYAN SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Two appellants have filed this criminal appeal under section 14A of the SC/ST (Prevention of Atrocities) Act being aggrieved and dissatisfied with the order dated 03.09.2016 passed by the Additional Sessions Judge1, Lohardaga in S.T. No. 78 of 2016 arising out of Ahtu P.S. Case No. 04 of 2016, corresponding to G.R. No. 112 of 2016 for the offence registered under sections 363, 370, 374 of the Indian Penal Code and under section 4/14 of Child Labour Prohibition Regulation Act, 1986 and under Section 3(vi), (xv) of SC/ST (Prevention of Atrocities) Act, whereby and whereunder the trial court has rejected the petition filed under section 227 Cr.P.C for discharge of the appellants' and the appellants were directed to appear before him on 23.09.2016 for framing of charge.

(2.) The present case has been lodged on the basis of written report of the informantAshok Paswan, A.S.I, Senha P.S. alleging inter alia that on 22.02.2016 at about 11.00 P.M one Manorma Ekka, the C.W.C, Lohardaga came to the police station and informed that some girls are allured and trafficked to Delhi for sale by vehicle bearing Reg. No. JH 01 BE4673. On the basis of the information, the informant along with C.W.C. Manorma Ekka and other police personnel proceeded from the police station and at about 3.30 a.m, they intercepted the vehicle bearing Reg. No. JH 01 BE4673 on Lohardaga Gumla Main Road, on search, they found five girls, A aged about 15 years, Baged about 17 years, CAged about 21 years, Daged about 16 years and Daged about 16 years. The driver disclosed his name as Ashish Kumar Mahto aged about 22 years and another person disclosed his name Laxmi Narayan Sahu (appellants herein). On the basis of these allegations, the instant case has been instituted.

(3.) Learned counsel for the appellant while assailing the impugned order, submitted that learned trial court has not considered the material available on record in as much as from perusal of case diary in para 47, which is the statement of Guardian witnessVijay Munda, in para 48 I.O has recorded the statement of Guardian witness Paskal Munda, in para 49, I.O has recorded the statement of Guardian witnessIliyas Munda, in para 50 I.O has recorded the statement of Guardian witnessFulmani, in para 51 there is statement of Guardian witnessIyanbail and they all have stated that their daughters have not been enticed away more over they went to their own consent for earning.