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2023 Supreme(Jhk) 839

NAVNEET KUMAR
Rohit Rai – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Kasuhik Sarkhel, Advocate
For the Respondent: Mr. Azeemuddin, Mrs. Rajni Singh, Advcoate

JUDGMENT:

1. This appeal is directed against the judgment of conviction and the order of sentence dated 12.04.2019 passed by learned Additional Sessions Judge 1st, Jamtara in Sessions Trial Case No. 74 of 2017, in connection with Karmatanr P.S. Case No.114 of 2016 corresponding to G.R. Case No.641 of 2016, Jamtara, Jharkhand whereby and where under, the learned Additional Sessions Judge 1st, Jamtara has convicted the appellant under section 363 of the Indian Penal Code and accordingly sentenced to undergo Rigorous Imprisonment for three years and to pay fine of Rs. 4000/- and in default of payment of fine, Simple Imprisonment for two month under section 363 of the Indian Penal Code.

2. The brief fact of the prosecution case is based on the written information of Jitu Gorain (P.W. 9) addressed to Officer-In-Charge of Karmatanr. The prosecution story is that the occurrence was of 19.07.2016 at 10:30 A.M. when his daughter "X" was coming from the house of her maternal uncle and on the way near Samukhpokhar Bus Stand, the accused Rohit Rai had taken her away on his motorcycle. He has further alleged that his daughter "X" was minor, aged about only 15 years. He has further stated that he

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