AMARESHWAR SAHAY, J. - (1.) THIS appeal arises against the judgment of conviction and sentence dated 17.2.2004 passed by the 1st Additional Sessions Judge. Chatra in Sessions Trial No. 21 of 2002 whereby. Unlearned Additional Sessions Judge convicted the appellant for the offence under Sections 363 and 366 -A of the Indian Penal Code and sentenced him to undergo R.I. for three years and to pay a fine of Rs. 2,000 (Rupees Two Thousand) and in default thereof, to undergo further imprisonment for six months under Sec.363 of the Indian Penal Code and to undergo R.I. for five years and to pay a fine of Rs. 2,000.00 (Rupees two thousand) and in default thereof to undergo further imprisonment of six months under Section 366 -A of the Indian Penal Code.
(2.) THE prosecution case in short, as disclosed in the FIR lodged with the Tandwa Police Station by the informant Mahendra Thakur (PW 1) is that his sister namely Sushma Kumari, aged about 12 years was traceless from 3:00 a.m. of the night falling between 4th and 5th of March, 2001 and he came to know that his co -villager Imtiyaz Mian (appellant) aged about 22 years was also missing from the said very night. He suspected that said Imtiyaz Mian (appellant) must have kidnapped his minor sister with bad intention. Accordingly, the FIR was registered under Sections 363, 366 -A and 376 of the Indian Penal Code against the present appellant and accordingly, after the investigation, charge -sheet was submitted under the aforesaid Sections of the Indian Penal Code against the appellant. Just on the next date of the occurrence, the appellant was apprehended with the victim girl Sushma Kumari at Ranch by Sukhdeo Nagar Police Station and thereafter, she was produced in the Court at Chatra where, the statements of the victim was recorded under Sec.154, Cr PC (Ext. 2).
(3.) IN order to establish the charges, altogether eight witnesses were examined on behalf of the prosecution. PW 1 is the informant Mahendra Thakur who has fully supported his statements made in the FIR PW 2 is Photo Devi. She has corroborated the statements of the informant Mahendra Thakur (PW 1) and has further stated that the accused/appellant was residing near the house of the victim girl and he used to roam around the house of the informant. PW 3 Chito Sao who is neighbour of the informant has stated in his evidence that he came to know about the alleged kidnapping of the sister of the informant in the morning. He was told about the occurrence by the father of the victim girl. PW 4 the victim girl Sushma Kumari has stated in her evidence that the appellant had sent a letter to her but she, out of shame and fear, did not disclose the said fact to anyone. She further stated that one night, the appellant stopped her and threatened her that in case she does not follow his dictates, his father and brother would be killed. She further stated that out of fear, she started obeying the appellant Imtiyaz Mian and in that course, she was also raped twice by him in spite of her resistance. She further stated in her evidence that she was forcibly taken by the appellant to the field and thereafter, she was forcibly made to eat sweets and thereafter, she was taken to Ranchi by Singhwahini Bus. She further stated that as soon as they reached Ranchi, the Police arrested them and they were brought to the Police Station. There -alter, she was medically examined by a Doctor. Her brother was informed to come lo Ranchi and thereafter, Chatra Police look her to Chatra and produced her to Court where, the statements under Sec.164, Cr PC was recorded by the Magistrate. She proved her statements under Sec.164, Cr PC which was marked Ext 2. In her evidence, the victim has given a clear description of earlier occurrence. PW 5 is Binod Halwai PW 6 is the Investigating Officer. PW 7 is the Judicial Magistrate who recorded the statements of the victim girl under Sec.164, Cr PC and PW 8 is Dr. Shyam Nandan Singh who has formally proved the injury report Ext 5 prepared by Dr. Rita Lal.;