SUNIL BARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole convict, namely, Sunil Bari has challenged the judgment of his conviction dated 28.5.2014 under sections 366/34, 302/34 and 201/34 of the Indian Penal Code in Sessions Trial No. 302 of 2007.

(2.) A First Information Report vide Jhinkpani P.S. Case No. 36 of 2007 was lodged on the basis of the fardbeyan of Jonga Sundi which was recorded on 24th July, 2007. In her fardbeyan, the informant has stated that on 14.7.2007 she along with her sisters Madey Sundi aged about 19 years and Palong Sundi aged about 16 years had gone for shopping to Jorapokhar market. On that day, at about 2 p.m., when they were standing at Jorapokhar Bus Stand, Sunil Bari and Tatu Bari came there and started talking to Madey Sundi, her sister. Sunil Bari on the pretext of marketing took Madey Sundi to the market asking the informant to wait for them at the bus stand. However, when they did not come back she and Palong Sundi returned home and informed their father about her sister Madey Sundi leaving them with Sunil Bari. Her family members thereafter started search for Madey Sundi and the accused persons but they could not be traced out. The informant has stated that Madey Sundi and Sunil Bari had love affair but it was not known to her parents. Both the accused persons used to come to her village and meet Madey Sundi. She has raised an apprehension that Sunil Bari and Tatu Bari had abducted Madey Sundi with a view to marry her. After the investigation, a charge-sheet was submitted under sections 366, 302 and 201/34 of the Indian Penal Code against Sunil Bari and Tatu Bari; the accused Tatu Bari was declared juvenile and his case record was split up.

(3.) During the investigation, the prosecution has examined 13 witnesses to prove the charge framed against the appellant; Jonga Sundi and Pelong Sundi, sisters of the victim girl, have been examined as PW-1 and PW-2. Father of the deceased and his cousin have also been examined during the trial.