RAJESH NAYAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard, learned Amicus Curiae, Mr. Ashutosh Kumar Singh and learned counsel for the State, Mr. Sanjay Kumar Pandey, learned Additional Public Prosecutor.

(2.) The instant criminal appeal is directed against the judgment of conviction, dated 28.01.2004 and order of sentence, dated 30.01.2004, passed by learned Additional Sessions Judge, Fast Track Court-VII, East Singhbhum, Jamshedpur, in Sessions Trial No.424 of 1995, whereby the sole appellant has been convicted for the offence committed and punishable under Sections 363 and 376 of the Indian Penal Code and awarded rigorous imprisonment for four years with a fine of Rs.1000/- for the offence committed and punishable under Section 363 of the Indian Penal Code and rigorous imprisonment for seven years with a fine of Rs.1000/- for the offence committed and punishable under Section 376 of the Indian Penal Code, in case of default in payment of fine under each head, to undergo further rigorous imprisonment for two months. All the sentences are directed to run concurrently.

(3.) The prosecution case is based upon the fardbeyan of Sakuntla Devi (P.W.-3), recorded by Sub-inspector of police, Sunil Pathak officer-in-charge, Sitaramdera police station at 12:00 hours on 16.05.1995 at Garib Nagar, wherein the informant has stated, that she has been residing in Garib Nagar Basti alongwith her family, having two sons and two daughters. It is further stated that informant went to the house of her neighbour in the night of 05.04.1995, leaving behind her children, who were watching television. After some time informant's youngest daughter, Kiran Kumari came there to call the informant. The informant returned with her youngest daughter and found that her eldest daughter Rewati Kumari (victim) was not present in the house. The informant made a search but could not locate her and during search it has been found that two sets of Salwar suit are also missing, which belongs to Rewati Kumari. Again on the next day, the informant started searching her elder daughter, Rewati Kumari and after hectic search it was found that neighbour, Rajesh Nayak was also missing from his house, from the same night. On enquiry, from the mother and wife of Rajesh Nayak the informant got suspicion that Rajesh Nayak has enticed her daughter, Rewati Kumari. The informant has further stated, that she got information that Rajesh Nayak has enticed her daughter, Rewati Kumari, aged about 15 years with bad intention and residing in flat in Kadma area alongwith the victim.