Conviction for kidnapping upheld based on insufficient evidence for abduction; appellant's role limited to assistance in the act.

JUDGMENT :

1. Heard learned counsel for the parties.

2. Originally the appeal was filed by appellants namely, Eto Oraon, Kamal Oraon and Radhey Oraon, but appellants namely, Eto Oraon and Radhey Oraon have died during pendency of this appeal and their appeal has been abated vide order dated 06.12.2024 and the present appeal survives only with respect to appellant namely, Kamal Oraon.

3. The present appeal is directed against the judgment of conviction dated 09.03.2006 and order of sentence dated 18.03.2006 passed by learned Additional Judicial Commissioner (FTC-Xth), Ranchi in Sessions Trial No. No. 251 of 1993, whereby and whereunder the appellant along with co-convict have been held guilty for the offence under Section 363 & 366 of the I.P.C. and sentenced to undergo R.I. of five years for the offence under Section 363 of the I.P.C. and further sentenced to undergo R.I. for six years and a fine of Rs. 3,000/- for the offence under Section 366 of the I.P.C. with default stipulation. Both the sentences were directed to run concurrently.

FACTUAL MATRIX

4. The factual matrix giving rise to this appeal is that on 12.8.1992, accused Bahura Oraon allegedly kidnapped the informant’s daughter with intention to compel her for marriage. When the informant went to the house of Bahura Oraon in search of his daughter, his parents told not to lodge any case, promising to produce her after Dashara. When they failed to do so, the informant again went to them and made request, where accused Radhey Oraon, Kamal Oraon and Eto Oraon were present, who threatened him of dire consequences, if he lodged a case. Out of fear, the informant didn’t go to the police station and requested the villagers to intervene and get his daughter returned from the accused persons, but when he failed to do so, he filed written report at the Chanho Police Station.

5. Accordingly, on the basis of written report, Chanho P.S. Case No. 124 of 1992 dated 26.10.1992 was registered on the basis of written report of the informant for the offences under Sections 363 / 366 of the I.P.C. against the accused Bahura Oraon and formal FIR was drawn.

6. The police, after investigation, has submitted charge sheet and on the basis of the same, the learned Chief Judicial Magistrate, Ranchi took cognizance of the offences under Sections 363, 366, 376 of the I.P.C. against the above accused persons along with accused Bahura Oraon. After commitment of the case to the court of Sessions, Sessions Trial No. 251 of 1993 was registered. After conclusion of trial, the appellant has been held guilty and sentenced as stated above

7. Learned counsel for the appellant assailing the impugned judgment and order has submitted that there is simple allegation of providing assistance in kidnapping of a minor girl by the present appellant. Admittedly, the victim girl was under love affairs with the co-accused Bahura Oraon and also eloped with him to solemnize marriage with him, which has been admitted in the statement under Section 164 of the Cr.P.C. of the victim girl. No specific role except assistance provided in the taking away the minor girl has been proved by the prosecution against the present appellant. The victim girl was not recovered from the possession of the appellant nor kept / concealed by this appellant at any point of time. The appellant has already been remained in custody during trial of the case for eight months and has sufficiently been punished for his guilt. It is surfaced in the impugned judgment that the appellant has no crimina