DILIP MIRDHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence, both dated 06.06.2003 passed by learned 3rd Additional District and Sessions Judge, Dumka, in Sessions Case No. 251/2001, whereby the sole appellant has been convicted by the learned Trial Court for offence punishable under Sections 376 I.P.C. and 366-A I.P.C. and awarded rigorous imprisonment for five years for each of the offences punishable under Sections 376 I.P.C. and 366-A I.P.C. The present Criminal appeal has been preferred on 04.08.2003 and has been admitted on 05.08.2003 and the suspension of sentence by granting bail has been refused vide order dated 19.02.2004 and thus the appellant remained in custody to serve out the sentence.

(2.) The prosecution case is based upon written report submitted by one Ranjeet Das (P.W. 5), informant of the case and father of the victim before the Officer-in-Charge, Masaliya Police Station, Dumka, alleging therein that, on 21.04.2001, at around 8.30 p.m he was taking meal, his second minor daughter (aged about 16-17 years), went to watch television at the house of her elder uncle but when she did not returned after 30 minutes, the informant began to search her, and during the course of searching one Prashant disclosed that the girl has returned 15 minutes ago, from his house. Thereafter, being worried, the informant continue to search out and he was told by his brother Sadanand Das and son, Kanchan Das, that Dilip Mirdha son of Pushan Mirdha, Kajal Mirdha and Goutam Ram were roaming in the gali alongwith Dilip Mirdha son of Amulya Mirdha and Sanjeev Mirdha. On getting some suspicion, the informant went to the house of Amulya Mirdha but none were present there and wife of Amulya Mirdha told, that they were not in the house since 7 p.m. Thereafter the informant has confirmed himself that the accused persons had induced her daughter for marriage because of old enmity. The informant further came to knew in course of searching, that Dilip Mirdha son of Pushan Mirdha and Goutam Ram had come in the village at 5.00 p.m., on a green Hero Honda motor cycle. Thereafter, an F.I.R. was lodged regarding missing of the girl showing some suspicion over Dilip Mirdha s/o Amulya Mirdha, Dilip Mirdha s/o Pushan Mirdha, Kajal Mirdha, Amulya Mirdha, Sanjeev Mirdha and Raj Kumar Goutam @Goutam Ram, as they were found roaming around the place of occurrence, prior to the occurrence.

(3.) On the basis of the written report, police registered Masaliya P.S. Case no. 26/2001 dated 22.04.2001 under Sec. 366-A/120-B I.P.C. and after investigation police submitted chargesheet against Dilip Mirdha s/o Amulya Mirdha, Dilip Mirdha s/o Pushan Mirdha, Sanjeev Mirdha, Kajal Mirdha, Raj Kumar Goutam @ Goutam Ram, Amulya Mirdha vide no. 35/2001 dated 21.06.2001 under Sections 366-A/ 376-G/ 120-B I.P.C. During investigation, the statement of the victim (P.W. 8) was recorded under Sec. 164 Crimial P.C., 1973 which has been proved and marked as Exhibit-3 by the prosecution. After submission of the chargesheet, the learned Trial Court has taken cognizance of the offence on 21.06.2001 and committed the case to the court of sessions on 208.2001, where charges has been framed on 04.10.2007, under Sections 376-G/ 366-A and 120-B I.P.C. against Dilip Mirdha son of Amulya Mirdha, Dilip Mirdha son of Pushan Mirdha, Kajal Mirdha, Sanjeev Mirdha, Amulya Mirdha and Rajkumar Goutam @ Goutam Ram to which they pleaded their innocence and thus they were put under trial.