PALAV MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been preferred by the appellant being aggrieved by the Judgment of conviction dated 16.12005 and order of sentence dated 19.12005 passed by the learned 5th Additional Sessions Judge, East Singhbhum, Jamshedpur in Sessions Trial No. 234 of 2005 whereby and whereunder, the appellant has been held guilty for the offences punishable under Sec. 366A of the Penal Code and under Sec. 363 of the Penal Code and sentenced to undergo RI for eight years for the offence punishable under Sec. 366A of the Penal Code and RI for five years for the offence punishable under Sec. 363 of the IPC.

(3.) The brief facts of this case as mentioned in the written report of the father of the victim of the case is that on 25.12.2004 at 5.00 P.M., the victim had gone to the house of her neighbour to attend cultural program and as the victim did not return to her house, the informant started to search for her. The informant came to know that the victim had left the house of the neighbour at about 6.00 P.M. The informant also came to know that the co-accused Rakesh Kumar Rai with intention to marry the minor victim girl has taken her away by enticing her and the occurrence took place in between the house of the informant and the house of his neighbour, Deepu Mukherjee, to whose house the victim had gone to attend a cultural programme. It is alleged in the written report that the coaccused Rakesh Kumar Rai was found roaming near the house of the informant. In course of search of his daughter, the informant went to the house of the co-accused Rakesh Kumar Rai and from there he came to know that Rakesh Kumar Rai was also missing. During the course of search, the informant came to know that the accused-appellant Palav Mandal has helped the co-accused Rakesh Kumar Rai in committing the said offence. It has also been mentioned in the FIR that the informant was busy in search of his daughter, hence, there was delay in lodging the report basing upon which, the police registered Parsudih (Sundarnagar) P.S. case No. 166 of 2004 and took up investigation. Upon completion of the investigation, police submitted the charge-sheet. The case was committed to the Court of Session and charges for the offences punishable under Sec. 363/34 and 366A/34 of Penal Code were framed against the accused-appellant by learned Additional Sessions Judge, F.T.C. II, Jamshedpur on 12th Aug., 2005 and upon the accused person pleading not guilty to the charge, he was put to trial.