Prashant Kumar, J. - (1.) THIS appeal is directed against the judgment of conviction and order of sentence passed by Additional Sessions Judge IX Dhanbad dated 07.10.2002 in S.T. No. 51 of 1989 whereby he convicted the appellant under Section 366 of the Indian Penal Code and sentenced him to undergo R.I. for five years and also directed to pay fine of Rs. 1000/ -.
(2.) THE case of prosecution as per the written report is that on 4.6.1988 at about 6.30 p.m., appellant, Ramesh Bouri, forcibly took away victim girl, Fekni Kumari. It is stated that the informant (mother of victim girl) raised alarm but none had come in rescue. On the basis of aforesaid written report Jharia P.S. Case No. 355 of 1988 dated 5.6.1988 under Section 364 of the IPC instituted and police took up investigation. It appears that after completing the investigation, police submitted charge sheet against the appellant under Section 366 of the IPC. Accordingly, learned CJM, Dhanbad took cognizance of the offence. Thereafter, the case committed to the court of sessions as the offence under Section 366 of the IPC is exclusively triable by the court of sessions. It further appears that learned trial court framed charge against the appellant under Section 366 of the IPC and explained the same to the appellant in Hindi, to which he pleaded not guilty and claimed to be tried. Thereafter prosecution examined altogether seven witnesses in support of its case. The prosecution also brought on record injury report (Ext -1), Signature of doctor on the injury report (Ext. 1/1), Formal FIR (Ext. -2), Signature of O.C. on the formal FIR (Ext. -2/1).
(3.) AFTER close of the case of prosecution appellant was examined under Section 313 Cr.P.C. in which his defence is of total denial and false implication. The learned court below after considering the evidence available on record convicted and sentenced the appellant as aforesaid, against that the present appeal filed.;