PUSPA MARANDI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned Amicus Curiae, Mr. Birendra Kumar and Mr. Gauri Shankar Prasad, learned Additional Public Prosecutor, appearing for the State.

(2.) The instant Criminal appeal is directed against the judgment of conviction dated 23.07.2003 and order of sentence dated 25.07.2003, passed by the learned Additional Sessions Judge, Fast Track Court No.I, Pakur, in Sessions Case No. 14 of 2003/30 of 2003, whereby, the appellant, Puspa Marandi has been convicted for the offence committed and punishable under Section 368 of the Indian Penal Code and awarded Rigorous Imprisonment for five years and to pay fine of Rs. 500/- and in default of payment of fine the appellant is further sentenced to undergo Rigorous Imprisonment for three months. The learned trial Court has acquitted the appellant of the charge under Section 366 of the Indian Penal Code.

(3.) The prosecution case, is based upon, written report of informant, Miru Marandi (P.W.5) before the Officer-in-charge, Pakuria Police Station, on 19.06.2002, wherein, the informant has stated that, in the month of January, Puspa Marandi (appellant) came to her house at Rampur Hatia along with her daughter Parbati Murmu, aged about 18 years and stayed at her house for three to four hrs. The informant thought that Puspa Marandi is the friend of her daughter Parbati Murmu. Later at about 4.00 o'clock, Puspa Marandi went away with the daughter of the informant. The informant thought that they have gone somewhere. After two to three days, when the informant's daughter did not returned, then the informant's Nephew, Somesh Marandi went to the house of Puspa Marandi at village -Soglay, but he did not found Puspa Marandi and Parbati Murmu. Thereafter, the informant and Others have searched Parbati Murmu in the house of her relatives, but even then she could not be traced. During search, they got knowledge that Dular Murmu, daughter of Kuran Murmu, Tulshi Hansda, daughter of Matal Hansda and Didimoni Tudu, daughter of Majhuwa Tudu have also been taken away. After three months Puspa Marandi returned to village- Parkunda. On getting such information, the informant also reached to the village Parkunda and made query from Puspa Marandi about the whereabouts of her daughter. Puspa Marandi disclosed her that she took Parbati Murmu to Delhi. The informant has also asked about the location and telephone number of the place of Parbati Murmu, but she did not disclosed and as such, hot talk took place between the informant and Puspa Marandi. Thereafter, the informant narrated about the incidence to her husband and family members. Informant's husband and other family members also went to village-Parkunda to make query from Puspa Marandi but could not met her. Again on 19..06.2002 Puspa Marandi was seen at village- Domen garia. The informant has doubt that Puspa Marandi has taken away all the four girls to Delhi and had sold them.