LAKHAN BARAIK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence, both dated 24.01.2004, passed by learned Additional District and Sessions Judge, Fast Track Court No. 1, Gumla, in S.T. No. 292/1995, whereby the sole appellant Lakhan Baraik has been convicted by the learned Trial Court for offence punishable under Sec. 417 of the Indian Penal Code but has been acquitted for offence under Sections 364, 376 of the Indian Penal Code and awarded rigorous imprisonment for one year and fine of Rs. 500.00 and in case of default of payment of fine, the appellant shall undergo simple imprisonment for one month.

(2.) The prosecution case is based upon the complaint petition filed by the complainant-informant, Radha Devi against the appellant, Lakhan Baraik and his wife Rita Devi, before the Chief Judicial Magistrate, Gumla on 16.01994, alleging that, on date of occurrence i.e. 28.01.1994. The informant has stated in her complaint petition, that she had a love affair with the appellant, Lakhan Baraik and from their relationship, a child has been born, who is presently aged about four years. The complainant has further alleged that few years ago, Lakhan Baraik wanted to marry with Rita Devi, which was protested by her (complainant) but taking under confidence, the marriage was solemnize between Lakhan Baraik and Rita Devi, as Lakhan Baraik has given her (complainant) assurance that he will solemnize marriage subsequently with the complainant (Radha Devi). The complainant has further stated that recently, when the complainant asked Lakhan Baraik to solemnize marriage with her, Rita Devi (wife of the appellant) started, abusing her. The complainant has further alleged that, she has also demanded for maintenance of her son, which was denied under the threat of Rita Devi (accused no. 2), rather they used to say that they will kill her son, so that they will not have to pay the maintenance. The complainant has further stated that on the alleged day i.e. on 28.01.1994 at 10.00 a.m., the appellant along with his wife (Rita Devi) went to the house of complainant and tried to snatch the child (Durgesh Baraik) for killing him and both the accused persons have started taking the child, on a vehicle to an unknown destination. The complainant tried to save the child but none of them left the child and thereafter the villagers were informed, who rescued the child, and on their direction the complaint case was filed on 16.01994.

(3.) The statement of the complainant was recorded under Sec. 156 (3) Crimial P.C., 1973 before the Officer-in-Charge, Palkot police station, where the F.I.R. was lodged as Palkot P.S. Case No. 33 of 1994 dated 20.05.1994 under Sections 420, 364 and 376 of the Indian Penal Code, and after investigation, the police submitted charge sheet vide no. 30 dated 31.07.1994 against both the accused persons Lakhan Baraik and Rita Devi under Sections 420, 364 and 376 of the Indian Penal Code.