RANCHI, India, May 18 -- Jharkhand High Court issued the following order on April 16:

1. Instant Criminal Appeal is directed against the judgment of conviction and sentence dated 18.12.2003 and 20.12.2003 passed by learned Sessions Judge, Dumka in Sessions Case No. 19 of 1999, whereby and whereunder the sole appellant has been held guilty and sentenced to undergo rigorous imprisonment for 10 years for the offences under Sections 366A and 376 of the Indian Penal Code.

Factual Matrix:-

2. Factual matrix giving rise to this appeal in a narrow compass is that on 28.10.1997, at about 09:30 A.M., the victim girl had gone to her school and was attending her class, meanwhile on request of the present appellant, she went to Gyanda Cinema Hall and enjoyed a movie. It is alleged that on 28.10.1997, when daughter of the informant did not return home then he made hectic search of his daughter but no clue was found. The informant came to know that his daughter was seen by co-villagers namely Neelmani Hansda and Philip Murmu in the cinema hall with the present appellant. It is suspected that the appellant Subhash Soren with an intention to solemnize marriage with the informant's daughter has induced and taken away her elsewhere. It is also alleged that at about two years ago, informant's daughter was married to one Babulal Murmu of Village Kolho, P.S.- Gopikandar, Dist.- Dumka.

3. On the basis of written report of informant (father of the victim girl) F.I.R. was registered on 08.11.1997 against the present appellant for the offence under Section 366A of the I.P.C.

4. After completion of the investigation of the case, charge-sheet was submitted against the appellant for the offences under Sections 366A and 376 of the I.P.C. The case was committed to the Court of Sessions, where Sessions Case No. 19 of 1999 was registered. Charges were denied by the appellant and he claimed to be tried.

5. After conclusion of the trial, impugned judgment of conviction and sentence was passed which has been assailed in this appeal.

6. Heard Mr. Kaushalendra Prasad, learned counsel appearing on behalf of appellant and Mrs. Nehala Sharmin, learned Special P.P.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=94g2mG%2B4Dkj9qDi7aqGKGRf47y2WBuTubflsyqCjf8gTNGppgg5qXjP8Dwp7eOQw&caseno=Cr.A(SJ)/76/2004&cCode=1&cino=JHHC010110432004&state_code=7&appFlag=)

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