UDAY SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction dated 08.01.2004 and order of sentence, dated 09.01.2004, passed by learned 1st Additional Sessions Judge, Fast Track Court, Garhwa, in Sessions Trial Case No. 364 of 1999/T.R. No. 180/2002, whereby the sole appellant has been convicted for the offence committed and punishable under Section 366 (A) of the Indian Penal Code and has been awarded rigorous imprisonment for six years with a fine of Rs. 500/- and in default of payment of fine, to further undergo simple imprisonment for one month. By the same impugned judgment, the learned trial court has acquitted the co-accused Pragash Singh from the charge under Section 366 A of the Indian Penal Code.

(2.) The prosecution case is based upon the written report submitted by Vijay Prasad Keshri (P.W. 9) before the Officer-in-Charge, Ranka Police Station on 20.02.1999 alleging inter alia that on 14.02.1999 (Sunday) at around 5.00 AM, informant's sister namely Usha Kumari, aged about 15 years alongwith younger brother Sanjay Kumar Keshri went to Godarmana bazar and from the bazar, brother of the informant, Sanjay Kumar Keshri returned at 7.00 P.M. and disclosed that in the market co-villager Pragash Singh has asked him to go and search co-villager Mangri in the market, upon which after leaving his sister, he went in search of Mangri and met Mangri and asked her to come as Pragash has called her, upon which she disclosed him that why he has come before her as his sister has been taken away by Anirudh Singh, son of Hari Charan Singh; resident of village- Mangrahi, to some unknown place. It is alleged that brother of the informant returned but his sister was not there and thereafter, he came to the house and disclosed the occurrence to his brother (informant). The informant has claimed that Anirudh Singh @ Uday Singh has taken her sister for purpose of marriage. The informant has explained the delay in lodging the F.I.R. as time consumed in searching the victim.

(3.) On the basis of written report, police has registered Ranka P.S. Case No. 16 of 1999 dated 21.02.1999, under Section 366 (A) of the Indian Penal Code against two accused persons namely Pragash Singh and Anirudh Singh @ Uday Singh.