ORDER :

1. This appeal is directed against the impugned judgment of conviction and order of sentence dated 30.06.2005 passed by the learned Sessions Judge, Seraikella-Kharsawan in Sessions Trial No. 58 of 2004, in connection with Seraikella P.S. Case No. 20 of 2004, corresponding to G.R. Case No. 167 of 2004 at Seraikella-Kharsawan, Jharkhand, whereby and where under the sole appellant was convicted for the offence punishable under sections 363 and 366-A the Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.) and further the appellant was sentenced to undergo rigorous imprisonment (hereinafter referred to as R.I.) for 7 years for the offence punishable u/s 366-A of IPC and further he was sentenced to fine of Rs. 1000/- (Rupees One Thousand only) and in default of payment of fine he was ordered to undergo S.I. for two months and further he was also sentenced to undergo R.I. for three years for the offence punishable u/s 363 of IPC and both the sentence were directed to run concurrently.

2. The prosecution story in short is that the informant Guruwa Sardar son of Late Bodoro Sardar of village Dungridih P.S. Seraikella, District- Seraikella-Kharsawan recorded his fardbeyan to S.I. Rajendra Tripathy, Officer –in-charge, Seraikella, P.S. on 10.03.2004 at 10 p.m. at Sini Chouk stating therein that yesterday on 09.03.2004 at about 2.30 p.m. his minor daughter Tuntun Sardarin aged about 14-15 years was missing from their house. They began to search her but could not find her anywhere. He further stated that Punna Sardar used to visit their house sometime and he was living with his uncle Shankar Sardar at village Gongadih which is adjacent to their village. Today also they began to search out her daughter and they met Punna Sardar at village Gongadih and enquired from him and he did not reply properly and tried to run away. However, after chase he was caught hold by the villagers and himself and on further enquiry he confessed that he abducted their daughter and has kept her at his house at village Bara Kunabera P.S. Rajnagar. Thereafter, the villagers Kunjo Sardar, Binod Sardar, Deoraj Sardar and himself were going to P.S. along with the accused who confessed his guilt before the villagers that he had taken his daughter to his house and seduced to marry her. He further stated that said Punna Sardar son of Sidu Sardar of village Kunabera had seduced and abducted his daughter on pretext of marriage and took her to Kunabera and kept her there and this fact he confessed before the villagers. This statement was recorded by the police, read over to him and finding it correct he gave his L.T.I. and witness Kunjo Sardar put his signature on the same.

3. On the basis of aforesaid Fardbeyan of the informant, a Seraikella P.S. Case No. 20/2004 was lodged on 11.03.2004 u/s 363, 366 of IPC against the accused person. Police took investigation of the case and on completion of the same submitted charge sheet. Cognizance was taken by the then C.J.M. and the case was committed to the learned Sessions Judge, Seraikella- Kharsawan for trial. Charges against the accused were framed on 3rd July 2004 by Sessions Judge, Seraikella, to which he pleaded not guilty and further defence had taken the plea that the victim girl was a major and that the informant and his wife wanted to marry her with the accused but some dispute arose regarding terms and conditions of the marriage and for that he has been falsely implicated in this case. Further defence taken by the accused was complete denial of the occurrence by the accused.

4. The learned trial court after conducting the full-fledged trial passed the impugned judgment of conviction and order of sentence which is under challenge in this appeal.

5. Heard Mr. R.C.P. Sah, the learned counsel for the appellant, Mr. Samir Kumar Lall, learned counsel for the informant and Mr. Tapas Roy, learned Add.P.P. for the State.

Arguments advanced on behalf of the appellant

6. The learned counsel appearing on behalf of the P