MANA KEOT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is against the judgment of conviction and order of sentence dated 27.5.2002 passed by Shri Abhay Shankar Mishra, 2nd Additional Sessions Judge, Dumka in Sessions Trial No. 30 of 1998, by which judgment, the learned Additional Sessions Judge found the appellant, Mana Keot guilty for the offence under Section 366A of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for six years and also to pay a fine of Rs. 1,000/ - and in default

(2.) IT is submitted by learned counsel for the appellant that it will appear from the submission in the F.I.R. as well as the statement of the victim girl under Section 164 Cr.P.C. that there was a love affair between the accused and the girl, due to which, this occurrence took place. Subsequently, during trial the victim girl, P.W. 4 has denied that there was any love affair between them and supported the informant's version stated in court that she was kept by the accused at Dumka and taken to Tarapith where he forced the girl to marry him. In the cross -examination, she stated about the lover affair. In that view of the matter, benefit may be given to the appellant since the appellant is young aged about 26 years.

(3.) AFTER hearing both the parties and after going through the records, I find that the prosecution was started on the basis of F.I.R. given by the father of the victim girl, Gopal Pandey that on the date of occurrence i.e. on 11.2.1997 at about 8 P.M. in the night, when his daughter, Veenita Kumari, aged about 15 years, who is a student of Class -IX at Karharbil High School went out for urination and did not return after ten minutes, then he went outside the house with a torch and in the light of torch, he saw that the accused, Mana Keot was taking his daughter by force. He and his son chased the accused but could not succeed in stopping them.