VISHNUDEO NARAYAN, J. - (1.) THIS appeal has been directed by the sole appellant named above against the judgment and order dated 23.2.1996 passed In ST No. 117 of 1985 by Sri Dilip Kumar Sinha, IInd Additional Sessions Judge, Hazaribagh whereby the appellant was found guilty for the offence punishable under Section 366 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for five years.
(2.) THE prosecution case has arisen on the basis of the written report of informant Ganga Prasad, the father of alleged victim girl, Sunaina Devi lodged before the O/C Kuju O.R of Mandu P.S. on 13.10.1984 at 10.00 hours regarding the occurrence which is said to have taken place at 4.00 Oclock on 12.10.1984 at Village Topa, P.S. Mandu, District Hazaribagh. The prosecution case, in brief, is that the informant awoke at 2.00 OClock in the night for urination and he found his daughter Sunaina sleeping in his quarter and when he again awoke at 4.15 Oclock he did not find his said daughter in the house and he waited for some time for her return. A search was made when she did not return and it transpired that daughter of Mahabir Ram Prajapati is also not in her house and on query Mahabir Ram Prajapati told him that Sunaina has gone to Doran -da, Ranchi in the company of his daughter Parvati and his son Jairam, the appellant. It is also alleged that Sunaina aforesaid is a married girl and she has left her house without his permission.
(3.) IN course of investigation Sunaina aforesaid was recovered from the house of Sukra Oraon at Purana Ranchi, P.S. Kotwall, District -Ranchi.;