SHAKHA YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ALL the four appeals are taken up together arising out of common judgment of conviction and order of sentence passed by Shri P. P. Pandey, the learned Additional sessions Judge, Deoghar in Sessions case No. 127 of 2002/30 of 2002 arising out of Madhupur P. S. Case No. 30 of 2002 whereby the appellants Shakha Yadav alias Indradeo Yadav (Cr. Appeal No. 746/03), raj Kumar Yadav and Dilip Yadav (Cr. Appeal No. 841/03), Abhimanyu Rawani (Cr. Appeal No. 913/03) and Rakesh Kumar (Cr. Appeal No. 1090/03) were convicted under section 366a, I. P. C. and sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 2,000/- each with default stipulation of two months imprisonment. The appellant Rakesh Kumar (Cr. Appeal No. 1090/03) was further convicted under section 376, I. P. C. and sentenced to undergo rigorous imprisonment for 10 years with fine of Rs. 5,000/- with default stipulation of imprisonment for a period of 5 months. Both the sentences in respect of the appellant rakesh Kumar were directed to run concurrently.

(2.) THE prosecution story in short was that the informant Lal Bahadur Singh (P. W. 7) in his written report (Ext. 1) presented before the Madhupur Police on 18-2-2002 at about 1. 30 a. m. (night) narrated that his grand daughter Puja Kumari, daughter of Ganga prasad had been living at her maternal home at Madhupur and pursuing her studies at anchhi Devi Girls High School. He further narrated that Puja Kumari had proceeded on 17-2-2002 at about 10. 00 a. m. to participate in 'sarswati Puja Celebration' at her school and when she did not return by 2/3 p. m. he along with others started searching her and in course thereof, one of her friends sufi apprised the informant that the appellant rakeh Kumar with his brother Raj kumar with the help of Dilip Yadav and shakha Yadav alias Indradeo Yadav in prosecution of criminal conspiracy and with the aid of Manorma Devi kidnapped Puja kumari by taking her away to Deoghar in a "maruti" car and from there to Jasidih where they boarded Patna bound 8183 up train. Sufi admitted before the informant that she had also accompanied them up-to Deoghar. Explaining the delay the informant narrated that as he had visited Deoghar in search of his grand daughter the case could not be lodged at earlier point in time. On the basis of the written report Madhupur P. S. Case no. 30 of 2002 (Ext. 3) was drawn. The Investigating officer arrested the accused and after investigation submitted charge-sheet against the appellants, pending investigation against the co-accused Manorma Devi and Sufi Kumari. After framing of charge under Section 376, I. P. C. against the appellant rakesh Kumar and under Section 366a/34, I. P. C. against all the five appellants, they were put on trial. The appellants were examined and their statements were recorded under Section 313, Cr. P. C. in which the appellant Shakha Yadav alias Indradeo yadav represented that he was falsely implicated on account of old enmity with the informant who had threatened to implicate him after his retirement and he succeeded in his mission by falsely implicating him. He further stated that a proceeding under section 144/145, Cr. P. C. was initiated against both of them. The defence of the other appellants in their statements under section 313, Cr. P. C. was general and omnibus of their false implication. Yet, the appellant rakesh Kumar defended in the different manner by stating that Puja herself wanted to elope with him and she threatened that he would be implicated in a case failing to accompany her and in that manner he admitted that he eloped with Puja Kumari.

(3.) HEARD Mr. V. P. Singh, the learned Sr. Counsel on behalf for the appellants and Mr. Sanjay Kumar Srivastav, A. P. P. for the State.