B.B.Mangalmurti, J.

This appeal is directed against the judgment of conviction dated 22nd April, 2003 passed by Additional Sessions Judge-XI, Dhanbad in Sessions Trial No.253 of 1997 under Section 366 of the Indian Penal Code against both the appellants and also under Section 376 of the Indian Penal Code upon appellant no.1 and convicted them seven years rigorous imprisonment under Section 366 of the Indian Penal Code and fine of Rs.1000/- each and in case of default further four months simple imprisonment. The appellant no.1 was also sentenced under Section 376 of the Indian Penal Code to undergo rigorous imprisonment for eight years with fine of Rs.1000/- and in case of default further four months simple imprisonment.

2. The short fact of the case is that complainant Suresh Chatterjee filed a complaint case registered as C.P. Case No.70 of 1997 stating therein that he is a private tutor residing with his family members at Chirkunda, Dhanbad. The complainant amongst other children have a daughter Nievedita Chatterjee aged about 16½ years as her date of birth is 26.07.1980 who was studying in Smt. Gina Devi Modern School at Chirkunda. The further case is that accused persons on 18.11.1996 kidnapped the daughter of complainant Nivedita Chatterjee while she was proceeding to attend her school. The complainant immediately reported the matter to the local Police disclosing the names of accused persons as a kidnapper. Accused no.1 Ram Briksha Nonia is working in Baramuri Project under Eastern Coal Field Ltd. and since the date of occurrence he is absconding by taking sick leave. Both the accused persons are absconding since the date of occurrence and complainant has strong reasons to believe that his daughter may be recovered from the native place of accused persons at village Bararee, Chakandara, District-Sheikhpura (Munger). The complainant out of frustration due to inaction on the part of local Police made representation before the Superintendent of Police, Dhanbad vide representation dated 03.12.1996 but no action was taken nor the daughter of complainant was recovered therefore, accused persons who have deliberately kidnapped/abducted minor daughter of the petitioner and thereby liable to stand trial under Sections 363, 366A and 366 of the Indian Penal Code with a prayer to pass necessary order taking cognizance of the offence against accused persons.

3. After examining the complainant on solemn affirmation and evidences of other witnesses, cognizance was taken against both accused persons under Section 366A of the Indian Penal Code on 04.02.1997 and processes were ordered to be issued against them. On 28.02.1997, the victim girl Nivedita Chatterjee appeared before the court and her statement under Section 164 of the Indian Penal Code was recorded in which the age of the victim girl was assessed by the court as about 20 years. Thereafter, the case was committed to the court of Sessions and accordingly charge was framed on 08.12.1998 upon both accused persons Ram Briksha Nonia and Ashok Kumar Chouhan under Section 366 of the Indian Penal Code. During course of trial, charge under Section 376 of the Indian Penal Code was also framed against accused Ashok Kumar Chouhan on 10.03.2003.

4. On behalf of prosecution, altogether four witnesses were examined and complaint application was marked as Ext.1 while defence has examined one witness and Ext. A to G were brought on record on behalf of defence. P.W.1 Kedar Yadav and P.W.2 Basudeo Rajak both stated that Nivedita Chatterjee daughter of Suresh Chatterjee while she was going to school was kidnapped. Both were informed by Suresh Chatterjee and they searched for the girl. Later on, they came to know that Ashok Chauhan have run away with Nivedita. After 2 ½ month they could know that both married together and have a child also. Nivedita did not go to the father’s home but returned to the Ashok house. P.W.3 Nivedita Chatterjee is the victim girl. Her age was assessed as 22 years an