- (1.) HEARD the learned counsel for the appellants and counsel for the State.
(2.) THIS appeal is directed against the judgment of conviction and Sentence dated 21st June, 2001, passed by Shri Sita Ram Mahto, 2nd Additional Sessions Judge, Seraikella, in Sessions Trial No.9 of 1995 by which judgment, learned Additional Sessions judge found the accused Bhasko Gope @ Dharmendra Gope guilty under section 366 and 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years on both counts. He also found the accused Saroj Khandait guilty under 366A/34 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years. Both the appellants filed two separate appeals being Criminal Appeal No.239 of 2009 and Criminal Appeal No.218 of 2001. Both the appeals were heard together and they are disposed of by single judge. The prosecution case was started on the basis of the fard beyan given by the informant Nakul Lohar, P.W.1 on 4.7.1994 stating therein that his daughter Lakhi Kumari aged about 14 years has been taken away by Bhasko Gope, son of Kalipado Gope on 1.7.1994 in the night and from that day of kidnapping, he is still absconding with his daughter. On 4.7.1994, Nakul Lohar, P.W.1 lodged a written report for his kidnapping. On the basis of the written report, the police registered a case under Section 366A as well as Section 376 of the Indian Penal Code. Since, the case was Criminal Appeal No.239 of 2001 With Criminal Appeal No.218 of 2001 exclusively triable by the court of Sessions, hence the learned Magistrate after taking cognizance of the case committed the case to the court of Sessions and subsequently the case was tried by 2nd Additional Sessions Judge, Seraikella.
(3.) IN course of trial, the prosecution has examined five witnesses. P.W.1 is Nakul Lohar, father of the victim girl, P.W.2 is Lakhi Kumari, victim herself, P.W.3 is Budam Loharin, mother of the victim girl, P.W.4 is Dr. B.B. Topno and P.W.5 is Devendra Tripathi, the Investigating Officer of the case. After trial, learned Additional Sessions Judge on consideration of the evidences and arguments of the parties found the accused guilty as aforesaid.;