GURUWA DURBEY @ SARWAN KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been preferred by the appellant being aggrieved by the Judgment of conviction dtd. 1/12/2005 and order of sentence dtd. 5/12/2005 passed by the learned 3rd Additional Sessions Judge, (FTC), Dumka in Sessions Case No. 336 of 2003 whereby and whereunder, the appellant, Guruwa Durbey @ Sarwan Kumar has been held guilty for the offence punishable under Ss. 376, 366A and 363 IPC and sentenced him to undergo rigorous imprisonment for seven years for the offence punishable under Sec. 376 IPC and five years each for the offences punishable under Ss. 366A and 363 IPC.

(3.) The brief fact of this case as unfolded in the written report of the informant is that on 8/5/2003 at 2.00 PM, the appellant accused person along with Jitu Pujhar came to the house of the informant and offered assurance that the prosecutrix will pass the matriculation examination. On that day, at 9.00 PM, the informant and her husband after taking their supper slept in their room and the prosecutrix also slept in her room. When the informant got up next morning, she saw that the prosecutrix was not in her room. They searched the prosecutrix in the village but could not find her. The informant reached the house of the appellant accused person. The appellant accused person was also absconding. The father of the appellant accused person told the informant not to worry and they will search out the daughter of the informant. But the whereabouts of the daughter of the informant could not be found out. The informant alleging that her daughter is minor and that she has been enticed away and kidnapped by the appellant accused person and Jitu Pujhar with an intention to marry her, lodged the FIR. On the basis of the written report of the informant, the police registered Jama P.S. case No. 45 of 2003 and took up the investigation of the case.