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2015 Supreme(Jhk) 288

RAVI NATH VERMA
Patri – Appellant
Versus
State of Jharkhand – Respondent


Advocate Appeared:
For the Appellant:M/s. Dilip Kr. Prasad, Ajay Kr.Pathak & Umesh Pathak, Advocates
For the Respondent-State: Mr. P.K. Appu, A.P.P.

Judgment

In Sessions Case no. 11 of 2004 on the file of 5th Additional Sessions Judge, Fast Track Court No.-2, Godda, two persons namely Surnedra Mandal and Mostt. Patri Devi were placed on trial to answer the charges under Sections 366-A, 372 and 376/34 of Indian Penal Code. Accused Surendra Mandal was acquitted of the charges by the trial court and the remaining one accused Mostt. Patri was convicted under Section 366-A and 372 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of four years under Section 366-A as well as 372 of the Indian Penal Code and to pay fine of Rs.500/- (Five Hundred) on each count and in case of default of payment of fine to further undergo simple imprisonment for three months each for both sections. However, the sentences awarded were directed to run concurrently.

2. The brief facts leading to this appeal is that on the basis of the information given by Siya Devi before Officer-in-Charge Maharama Police Station, a formal F.I.R. was registered on 26.10.2003 on the allegation that her daughter Sukhiya Devi aged about 12 years had gone to her maternal grandfather’s house at village Bhagiya on 05.10.2003. On 08.10.2003, the h























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