JUGGU ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal appeal is directed against the judgment of conviction dated 11.9.2002 and order of sentence dated 18.9.2002 in S.T. No. 295 of 2000 passed by the learned Ist Addl. District and Sessions Judge, Bokaro whereby the above named appellant has been found guilty and convicted under section 363/498/376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years under sections 363 of the Indian Penal Code, two years rigorous imprisonment under section 498 of the Indian Penal Code and five years rigorous imprisonment under section 376 of the Indian Penal Code. All the sentences would run separately.

(2.) The prosecution case in brief as per Fardbayan of Sri Jhingan Sao, who is the informant in this case, recorded under sections 363/366A/498/34 of the of the Indian Penal Code by the Officer In - charge of B.S. City Case No. 172 of 2000 dated 18.5.2000 is that said victim, aged about 16 years, who is resident in front of Sonatand Adarsh High School,P.S B.S.City, was married with Amarjit Sao and after marriage she came back to her paternal house to serve her mother. On 16.5.2000 at about 7.00 P.M. Victim went out from her house to attend nature's call . In the meantime, the informant also went out of his house and noticed Juggu Oraon standing near the shop of Charitar Sao. After completion of nature's call when she had gone towards ditch, accused Juggu Oraon also turned towards ditch and intercepted her and put her in fear and compelled her to accompany him. Meanwhile Arvind Sharma and Pratap Sharma went towards the ditch. It is further alleged that when the victim did not return home after an hour then the informant along with neighbours started searching for victim but she was traceless. The informant further searched Juggu Oraon, Arvind Sharma and Pratap Sharma in their house but they were also not found in their houses and ultimately case was registered against the accused persons under the aforesaid sections. After investigation I.O submitted charge -sheet under sections 363/ 366A / 498/376/34 of the Indian Penal Code against the accused -appellant and others and cognizance of the offence was taken against the accused persons.

(3.) As per the observation of the learned trial court, the prosecution had examined all together seven witnesses i.e. P.W 1 Charitar Sao,P.W 2 Ram Badan Yadav, P.W 3 Rameshwar Ram(I.O), P.W 4 Harihar Sao, BSL employee, P.W 5 Dr. Maithili Thakur, M.O, P.W 6, Victim and P.W 7 Jhingan Sao (Informant).