- (1.) Heard Mr. Ramit Satender, learned counsel for the appellant and Mr. S.K. Keshri, learned A.P.P. appearing on behalf of the State.
(2.) Present appeal is directed against the judgment of conviction dated 1.2.2008 and order of sentence dated 5.2.2008, passed by Shri Ramesh Kumar Srivastava, learned Additional Sessions Judge, Fast Track Court-I, Gumla in S.T. Case No. 67 of 2006, by which, the appellant has been convicted for the offences punishable under Sections 363, 376(f), 302 and 201 of the IPC and sentenced to undergo RI for life for the offence under Section 376(f) of the IPC and further sentenced to undergo RI for life for the offence under Section 302 of the IPC as well as sentenced to undergo RI for three years for the offence under Section 201 of the IPC with further direction that all the sentences will run concurrently.
(3.) The First Information Report was instituted by Dular Mahli (PW-2), in which, it was stated that the appellant was the nephew of the informant and he was on visiting terms in the house of the informant. It has been alleged that on 18.1.2006, appellant had taken away the deceased with the permission of her guardian.However, she did not return in the night and when the appellant was asked about the whereabouts of the deceased, he had stated that he on the relevant night itself had left her. Subsequently, fardbeyan was recorded against the appellant, which led to institution of Kamdara P.S. Case No. 5 of 2006. Investigation resulted in submission of charge-sheet and after cognizance was taken, the case was committed to the court of sessions. Charge was framed under Sections 363, 376(f), 302 and 201 of the IPC and trial proceeded. In course of trial, prosecution has been able to prove its case beyond all reasonable doubt. Learned trial court vide judgment dated 1.2.2008 had convicted the appellant for the offences under Sections 363, 376(f), 302 and 201 of the IPC and sentenced him accordingly.;