CHANDRA MOHAN HEMBRAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction dated 22.12.2003 and order of sentence, dated 23.12.2003, passed by learned Sessions Judge, West Singhbhum at Chaibasa, in Sessions Trial No. 426 of 1992, whereby the sole appellant Chandra Mohan Hembram has been convicted for the offence committed and punishable under Sections 363 and 376 of the Indian Penal Code and has been awarded under both head rigorous imprisonment for seven years and both the sentences are directed to run concurrently. However, by the same impugned judgment, the learned trial court has acquitted other co-accused persons namely Dilwar Kunkal, Ramesh Hembrom, Dhaneshwar Purty, Jena Hembrom and Gandhi @ Manmohan Kalundia from all the charges levelled against them.

(2.) The prosecution case is based upon the written report submitted by Laxman Som (P.W. 1) before the Officer-in-Charge, Manjhgao Police Station on 16.09.1991 alleging therein that informant is working as a panchayat sewak at Rajnagar block and his family is residing at village Parsa. The informant has alleged that on last Friday i.e. 13.09.1991 at around 8.00 P.M., his daughter Sarbina Som left house by saying her mother that, she is going to wash her hands and legs, but even after half an hour, she did not return. The mother of the victim started searching her daughter and thereafter on search, people told her that her daughter has been taken away by a co-villager boy namely Chandra Mohan Hembram, on cycle towards Kumardungi. Thereafter, the informant's wife on 14.09.1991 informed the informant about the occurrence through his relatives upon which, the informant came there and searched his daughter but could not find her. The informant has alleged that his daughter is a minor girl, aged about 12 years, studying in Class- VIII at Balika Madhyamik Vidayalaya, Parsa. The informant has further stated that his daughter used to visit the house of Chandra Mohan Hembram. The informant has alleged that his minor daughter Sarbina Som has been kidnapped for purpose of solemnizing marriage by Chandra Mohan Hembram and kept the victim in the house of his relative Ramesh Hembrom at village Dirogo. The informant has further alleged that they went to the house of Ramesh Hembrom at village Dirogo but they refused to return his daughter and thus, the F.I.R. was lodged.

(3.) On the basis of the written report, police has instituted Manjhgao P.S. Case No. 30 of 1991 dated 16.09.1991, under Sections 366 (A)/ 368/34 of the Indian Penal Code and subsequently Section 376 of the Indian Penal Code has been added vide order dated 26.09.1991. The F.I.R. has been lodged against three persons namely Chandra Mohan Hembrom, Jena Hembron and Ramesh Hembrom.