TARUN KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 22.6.2001 and sentence dated 26.6.2001 passed by Sri Prabodh Ranjan Das, lllrd Additional Judicial Commissioner, Ranchi in Sessions Trial No. 220 of 1997, by which judgment he found the appellant, Tarun Kumar guilty under Section 366A of the Indian Penal Code and under Section 376 of the Indian Penal Code and sentenced him to undergo R.I. for 3 years under Section 366A of the Indian Penal Code with a fine of Rs. 1,000/ - and in default of fine the appellant further sentenced to undergo 2 months. He also sentenced the appellant to undergo R.I. for 7 years with a fine of Rs. 2,500/ - under Section 376 of the Indian Penal Code and in default of fine the appellant further sentenced to undergo 3 months. However, he directed both the sentences shall run concurrently.

(2.) THE prosecution case was started on the basis of a written report filed by Lakhbir Singh -P.W. 2 on 6.11.1996 stating therein that his niece, Gurprit Kaur daughter of Sukhbir Singh, who is a student of Class -Xth of Sacred Heart School, Holondu, had gone for tuition to the house of her friend at Sector -ll, Dhurwa and used to return by Mini Bus. Her mother used to go to her friend 'shouse for bringing her. On 5.11.1996 the son of the informant Mukund Singh received a telephonic mes - sage that niece of the informant was being taken to Dhanbad and her mother will reach, the house after sometime at 8.15 P.M., and disclosed that while her daughter was coming from tuition and reached near Russian Hostel alongwith her mother the Mini Bus of model 407 bearing registration no. 14P 0908 was parked near the Russian Hostel. It is further said that both the mother and daughter boarded on the said bus and thereafter the bus proceeded about 10 steps, but subsequently, son of the owner ot the Bus, namely, Tarun Kumar said that the Bus will not proceed further and asked them to get down. Thereafter the conductor of the Bus, namely, Manish also asked them to get down. As soon as the mother got down from the bus and her daughter was trying to get down from the bus, then the said Mini Bus started running in high speed and tbus the accused -appellant kidnapped his niece. He further stated that his niece is aged about 16 years. He further stated that the accused -appellant has kidnapped his niece with an intention to commit rape or marry with her by force.

(3.) IN course of trial the prosecution examined 10 witnesses, including victim girl and after considering the evidences on record and after hearing both the parties, the learned trial court convicted the accused -appellant, Tarun Kumar.