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2025 Supreme(Jhk) 790

IN THE HIGH COURT OF JHARKHAND
PRADEEP KUMAR SRIVASTAVA
Kamal Oraon, Son of Birsa Oraon – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ashok Kr Pandey, Advocate, Ms. Savita Kumari, Advocate, Mrs. Pragati Prasad, Amicus
For the Respondent: Mrs. Nehala Sharmin, Spl.P.P.

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

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