Heard learned counsels for the appellants, Mr. Ashok Kr. Jha and Mr. Devesh Krishna as well as Mrs. Niki Sinha, Additional Public Prosecutor appears for the State.

2. Parwatia Devi @ Jhopri Devi and Kishore Oraon have preferred separate appeals against the judgment of conviction dated 5.9.2003 and order of sentence dated 12.9.2003 passed by the Additional Judicial Commissioner, Fast Track Court VII, Ranchi in Sessions Trial No. 569 of 2002 whereby the appellants Parvatia Devi @ Jhopri Devi and Kishore Oraon have been convicted u/s 363 and 366 A of the Indian Penal code and by the same judgment co-accused namely Kiran Orain has been acquitted. The learned trial court has convicted both the appellants for the offence punishable u/s 363 and 366 A of the Indian Penal Code by awarding sentence of RI for 5 years and fine of Rs. 2000/- each and in default to payment of fine to undergo S.I. for 6 months both the sentences are directed to run concurrently.

3. Being aggrieved by the judgment of conviction and order of sentence both the appellants preferred separate appeal. Parwatia Devi @ Jhopri Devi has preferred Criminal Appeal (SJ) No. 3 of 2004 whereas the Kishore Oraon has preferred Criminal Appeal (SJ) No. 1485 of 2003.

4. The prosecution case, as stated in the fardbeyan is based upon the written report submitted by the Bigu Oraon, father of the victim, before the Officer In-charge at Nagri O.P., P.S. Ratu about enticing of his minor daughter. The informant has stated, that his minor daughter Punia Kumari aged about 15 years has been enticed by Parwatia Devi @ Jhopri Devi daughter of Ropan Munda of Jarra Toli eight months ago by saying that she will provide her job. But, since then there is no information about his daughter. The informant has further stated, that he has tried his best to search his daughter but could not get whereabouts of his daughter. Thus he came to the police station for legal action.

5. On the basis of the written report, FIR was registered as Ratu PS Case No. 66/2002 dated 01.06.2002 instituted u/s 363 of Indian Penal Code and after investigation police submitted charge sheet vide charge sheet No. 85/2002 dated 10.07.2002 filed U/S 363,366(A)/34 of Indian Penal Code against three persons namely Parwatia devi @ Jhopari Devi, Kiran Orain and Kishore Oraon. Cognizance of the offence has been taken and the case was committed to the Court of Session. Charge has been framed against all three accused namely Parwatia devi @ Jhopari Devi, Kiran Orain and Kishore Oraon u/s 363/34 and 366(A) /34 of the Indian Penal Code on 05.11.2002 by the learned 5th Additional Judicial Commissioner, Ranchi, to which the appellants have pleaded that they are innocent and thus they were put on trial.

6. The prosecution has examined altogether 11 witnesses and also adduced documentary evidence as Ext.1, which is the signature on FIR and Ext. 2 is the formal FIR. After recording the statement of the appellants u/s 313 Cr.P.C. on 16.07.2003, the defence has neither examined any witness nor adduced any documentary evidence. After hearing the counsel for the parties and on the basis of material available on record, the trial court has acquitted the accused Kiran Orain from the charges u/s363 and 366 A of Indian Penal Code and no appeal against the said acquittal has been preferred by the State or by the informant. The trial court by the impugned judgment has convicted the appellants u/s 363 & 366 A of the Indian Penal Code and awarded sentence of RI for 5 years under both the heads separately and imposed fine of Rs. 2000/- and in default of payment of fine to undergo simple imprisonment for six months.

7. Both the appellants have separately preferred appeal arising out of the same impugned judgment and as such this Court is passing a common judgment as the entire evidence is common.

8. Mr. Ashok Kumar Jha, learned counsel appearing for the Parwatia Devi @ Jhopari Devi and Mr. Devesh Krishna, learned counsel appearing for the Kishore Ora