JUDGMENT :

Pradeep Kumar Srivastava, J.

1. The present appeal is directed against the judgment and order of conviction and sentence dated 31.08.2006 passed by learned Additional Sessions Judge, FTC No. IV, Dhanbad in S.T. No.402 of 2001 whereby and whereunder, the appellant has been held guilty for the offences under sections 376 and 366A of Indian Penal Code and sentenced to undergo R.I. of 7 years and 5 years respectively. Both sentences are directed to run concurrently.

FACTUAL MATRIX

2. Factual matrix giving rise to this appeal is that the informant was in judicial custody in connection with Topchanchi P.S. Case No.11 of 2001 along with his two sons and he was released on bail on 19.04.2001, when the informant returned to his home, then he came to know from his wife that his minor daughter aged about 14 years has been taken out by Umesh Pandey, Nagesh Pandey, Lalita Devi and Noor Mohammad by inducing her to solemnize marriage with Umesh Pandey. It is further alleged that the appellant and other associates have kidnapped his daughter by taking advantage of absence of the informant. It is further alleged that the informant’s wife had gone to the house of Umesh Pandey, where she was t