R.R.PRASAD, J. - (1.) THE sole appellant, Raju Toppo @ Togi Toppo was put on trial to face charges under Sections 366A, 376 and 363 of the Indian Penal Code on the allegation that he having enticed away a minor girl (daughter of Ramashish Sharma, P.W.1) committed rape upon her.
(2.) THE court did not find the appellant guilty for the offences under Sections 366A and 376 of the Indian Penal Code and hence, acquitted the appellant for the said charges. However, the court having found the appellant to be guilty for an offence under Section 363 of the Indian Penal Code sentenced him to undergo rigorous imprisonment for five years. The case of the prosecution is that Ramashish Sharma's (P.W.1) daughter, aged about 13 years had left home for coming to school on 1.4.2005 for fetching mark sheet from there. When she did not return, enquiry was made by Ramashish Sharma (P.W.1) who in that course, came to know that this appellant had enticed away her daughter.
(3.) ON such allegation, a case was registered as Dhurwa P.S. Case no.66 of 2005 under Sections 366, 366A of the Indian Penal Code.;