RAKHAL SEN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The appellant has preferred this appeal being aggrieved by the Judgment of conviction dtd. 28/2/2006 and Order of Sentence dtd. 1/3/2006 passed by learned 4th Additional Sessions Judge, Godda in Sessions Case No.178 of 2004/46 of 2005 arising out of Devdan P.S. Case No.173 of 2003 corresponding to G.R. No.1268 of 2003 whereby and where under the learned court below held the appellant-accused person guilty of having committed offences punishable under Sec. 363 and 366-A of the Indian Penal Code and sentenced the appellant-accused to undergo rigorous imprisonment for four years and five years respectively.

(3.) The case of the prosecution in brief is that the appellant-accused Rakhal Sen is the cousin brother of the informant and he used to look after the 407 vehicle of the informant. On 11/12/2003 at 3:00 pm, the daughter of the informant who is the victim went out from the house of the informant by informing in the house that she is going to the house of her friend. Ten minutes thereafter, the appellant-accused went out from the house of the informant by riding the motorcycle of the informant. For about one hour neither the daughter of the informant nor the appellant-accused person came back to the house of the informant. Hence, the informant and his family members searched for them. In the process of search, they reached the house of co-accused Milan Da and found the motorcycle of the informant parked in the house of Milan Da. Alleging that the appellantaccused person has induced the minor daughter of the informant to go from the house of the informant with intent to marry her; the informant lodged a report with police. On the basis of the written report submitted by the informant, police registered Devdan P.S. Case No.173 of 2003 and took up the investigation of the case.