- (1.) Heard both the parties. Appellants have preferred this appeal against the judgment dated 18th April, 2001 passed by the Sessions Judge, Sahebganj in connection with Sessions Case No. 228 of 1997 whereby, both the appellants have been convicted under Sections 363/34 & 366A/34 of the I.P.C. and sentenced to undergo seven years imprisonment under Section 363 I.P.C. and ten years imprisonment under Section 366A LP.C. and both the sentences shall run concurrently.
(2.) The prosecution case, in brief, on the basis of fardbeyan (Exb.-3) of the informant Lakhiram Hansda, is that the appellant no.1-Deonandan Prasad and appellant no.2-his wife Anita Kumari had visiting terms with the informant. It is alleged that on 7.6.1996 both the aforesaid persons kidnapped the informant's sisters Mary Hansda, aged about 16 years and Mani Hansda, aged about seven years. On search, the informant came to know that his sisters were seen moving on a bus in the company of two aforesaid appellants and with one Tuntun Kumar, brother-in-law of the aforesaid appellant no. 1. It is further alleged that after sometime, the younger sister of the informant Mani Hansda came back in her house and disclosed that Anita Kumari; the wife of Deo Nandan Prasad sent her back to her house. The elder sister Mary Hansda was still traceless till the filing of the case. It is further stated that Mary Hansda was kidnapped by the aforesaid persons alongwith Tuntun Kumar for the purpose of marriage or illicit intercourse.
(3.) On the basis of the said fardbeyan, F.I.R was drawn up. Police after investigation submitted charge-sheet. Cognizance was taken and the case was committed to the Court of Sessions.;