SHANKAR GHASI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant appeal has been preferred against the judgment of conviction and order of sentence dated 10.12.2008 & 17.12.2008 respectively passed by the Additional Judicial Commissioner, Fast Track Court No.1, Bermo at Tenughat (Bokaro), in connection with Sessions Trial No.431 of 1989 corresponding to G.R. Case No.543 of 1989 arising out of Bermo P.S. Case No.84 of 1989 whereby and whereunder the appellant has been convicted for the offence under Section 363 and 366 of Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of two years and fine of Rs.500/- under Section 366 of the Indian Penal Code. In case of default in payment of fine, the appellant has to undergo simple imprisonment for one month.

(2.) The prosecution story, in brief, as per the statement made in the F.I.R. dated 20th June, 1989 wherein it has been reported by one Md. Idris that he is resident of Nichupara Kargali gate railway colony. That on 20th June, 1989 at 4.00 a.m. his daughter namely Soni Kumari, aged about 14 years, both awaken at 4.00 a.m. and went to Bagan to bring coal but did not return thereafter. After a shortwhile he along with his wife searched out about his daughter but she was found nowhere. He has stated that in the same colony one boy namely Shankar Ghasi who used to come to his residence and on enquiry it was found that he is also traceless as such he must have taken away his minor daughter, hence, the F.I.R.

(3.) Instant case was registered for the offence under Section 363 of the Indian Penal Code being Bermo P.S. Case No.84 of 1989. The police has investigated the matter, submitted chargesheet against the appellant. After taking cognizance the case was committed to the court of Sessions whereafter the charges have been framed for the offence under Section 363, 366-A and 377 of the Indian Penal Code to which the appellant pleaded not guilty thereafter put on trial.