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2024 Supreme(Jhk) 1035

IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN, PRADEEP KUMAR SRIVASTAVA
Vijay Diggar @ Pawroti S/o Mahavir Diggar – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sanjay Kumar
For the Respondent: Shailesh Kr. Sinha

JUDGMENT :

Pradeep Kumar Srivastava, J.

1. Heard learned counsel for the parties.

2. The present appeal is directed against the judgment of conviction dated 06.06.2002 and order of sentence dated 12.06.2002 passed by learned 1st Additional Sessions Judge, Bokaro in Sessions Trial No. 287 of 2000, whereby and whereunder, the appellant has been held guilty for the offence under Sections 366 and 376 of the I.P.C. and sentenced to undergo rigorous imprisonment for ten years for the offence under Section 366 of the I.P.C. and further sentenced to undergo rigorous imprisonment for ten years for the offence under Section 376 of the I.P.C. Both the sentences were directed to run concurrently.

FACTUAL MATRIX

3. The factual matrix giving rise to this appeal is that on 12.06.2000 at about 7-7:30 P.M., the victim girl went out from her house for walking, but she did not return to home till late night. It is alleged that her parents and neighbours started searching her at the adjoining places, but no trace was found. In course of search, the informant came to know that the present appellant namely, Vijay Diggar @ Pawroti of same mohalla had taken away minor victim girl for illicit inter-course. The

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