LAKHAN RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Both the Criminal Appeals have been preferred against the judgment of conviction dated 21.11.2003 and order of sentence dated 22.11.2003, passed by learned Additional Sessions Judge, Fast Track Court No. 5, Hazaribagh, in Sessions Trial No. 11/1998, whereby all the five appellants (in two criminal appeals) have been convicted by the learned trial court for the offence committed and punishable under Sections 363, 366 and 120 (B) of the Indian Penal Code and appellant Lakhan Ram has further been convicted for the offence committed and punishable under Section 376 of the Indian Penal Code. The learned trial court has awarded rigorous imprisonment for seven years with a fine of Rs. 500/- and in case of default in payment of fine, further rigorous imprisonment for two months for the offence committed and punishable under Section 376 of the Indian Penal Code against Lakhan Ram (appellant in Cr. Appeal (SJ) No. 29 of 2004). Apart from this, all the accused persons including Lakhan Ram have been awarded rigorous imprisonment for five years with fine of Rs. 200/- and in case of default in payment of fine, further rigorous imprisonment for one month, separately for the offence committed and punishable under Sections 363, 366 and 120 (B) of the Indian Penal Code. All the sentences are directed to run concurrently.

(2.) The prosecution case is based upon the fardbeyan of Md. Yusuf (P.W. 3), recorded by Sub Inspector of Police P.R. Sharma of Katkamsandi Police Station, on 31.03.1997 at 12.00 Noon at village Sultana. The informant has stated that yesterday i.e. on 30.03.1997, his daughter namely Saleha Khatoon @ Guddi, aged about 14 years went to bring water from the hand-pump at around 4.00 A.M. but she did not return. After 15-20 minutes, the informant and other persons started searching the victim. During search, it transpired that a covillager namely Lakhan Ram son of Ramlal Ram, village Sultana, P.S. Katkamsandi, District Hazaribagh, has taken away the daughter of the informant. The informant has further stated that he got knowledge that few days ago Pappu @ Anil Kumar, son of Narsing Ram and Lakhan Ram, both came in the courtyard of informant for washing their hands at the hand pump and were talking and joking with the daughter of informant, which was witnessed by Md. Mumtaz, son of the informant, who has scolded both the persons and thereafter both the persons fled away. The informant has further stated that the house of Pappu is situated in front of the house of informant and on that day, when the daughter of informant came out of her house, friends of Pappu namely Lalkeshwar @ Laleshwar @ Lalu, son of late Ughal Ram, resident of Hurhuru P.S. Sadar, District- Hazaribagh along with Lakhan Ram were teasing the daughter of the informant. The daughter of the informant has disclosed this fact to the nephew of informant Md. Zabbar and thereafter complaint was made to their family members. It is also stated by the informant that, prior to the occurrence Lakhan, Laleshwar @ Lalu and Pappu were sitting in the house of Pappu and were trying to deceitfully induce the daughter of the informant. The informant has stated that his daughter Saleha @ Guddi has been kidnapped by Pappu @ Anil Kumar, Lakhan, Lalkeshwar @ Laleshwar @ Lalu, who are studying together at Coloumbus College, Hazaribagh. The informant has further stated that during enquiry, it transpired that Prakash, son of Bano Ram, Jitendra Kumar, son of Khemlal Ram, both resident of Sultana P.S. Katkamsandi, District- Hazaribagh have also assisted them. The informant has explained the delay occurred in informing to the police as he was enquiring about the matter.

(3.) On the basis of the fardbeyan of the informant, police has registered Katkamsandi P.S. Case No. 27 of 1997 dated 31.03.1997, under Sections 363, 366 and 120 (B) of the Indian Penal Code against five named accused persons and subsequently Section 376 of the Indian Penal Code has been added vide order dated 03.08.1997.