- (1.) This appeal is directed against the judgment of conviction and order of sentence dated 19.9.2002 and 20.9.2002 respectively passed by Additional Sessions Judge, Fast Track Court No. III, Hazaribagh in Sessions Trial Case No. 10 of 2000 whereby and whereunder he convicted the appellants under Section 366A of the IPC and sentenced them to undergo R.I. for five years.
(2.) The case of the prosecution in brief as per the fard beyan of Chandeshwar Prasad Kushwaha (P.W. 1) is that on 18.6.1999 when in the morning he woke up he found that his niece Sarita Devi was missing from his house. It is then stated that he searched her in the neighbourhood but could not succeeded. It is further stated that Rajesh Kumar @ Raju was trying to marry her, but the matter was resolved in village Panchayat. It is alleged that from the morning of 18.06.1999 appellants were also missing from their house. It is alleged that his niece was kidnapped by the appellants with an intention to marry her. It is further alleged that Janki Ram, Nirmal Ram, Ayodhya Ram and Nageshwar Ram helped the appellants in commission of aforesaid crime.
(3.) On the basis of aforesaid statement, Katkamsandi P.S. Case No. 66 of 1999 under Sections 363, 366A, 120B of the IPC instituted and police took up investigation. After completing the investigation police submitted charge sheet against the appellants as well as against Janki Ram, Njirmal Ram, Ayodhya Ram and Nageshwar Ram under Sections 363, 366A/120B of the IPC. After cognizance the case committed to the court of Sessions as the offence under Section 366A of the IPC is exclusively triable by a court of Sessions.;