Judgment Narayan Roy, J. 1. The appellants have been convicted under Secs. 263 and 366 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six years under each count. However, the sentences were directed to run concurrently. 2. The prosecution case briefly stated is that on 13.12.1985, Anjali Oraon, PW 5 aged about 14 years and Binoti Oraon, PW 1 aged about 13 years were returning from the School and at about 4 p.m. when they lad reached Kuliadih, a motor vehicle was parked by the side of the road and no sooner they had reached near the vehicle, both the appellants caught hold of Anjali Oraon, PW 5 and at the point of dagger and pistol took her in the motor vehicle where her mouth was pressed with clothes and they took her on the vehicle in question. Binoti Oraon, PW 1 came to her village and informed Fanibhushan Oraon, PW 2 about the occurrence and, accordingly, Fanibhushan lodged a first information report before the Chandil Police Station against the appellants and a case under Sections 363 and 366 of the Indian Penal Code was instituted against them. 3. After the investigation, charge-sheet was submitted and the appellants were put on trial and accordingly, they were convicted and sentenced above. 4. The learned Counsel appearing on behalf of the appellants submitted that in this case no independent witness has been examined, nor the I.O. of the case has come forward to depose. The learned Counsel further submitted that the appellants were known to the family of the prosecutrix from before and due to enmity, the appellants have been implicated. The appellants have also taken it in defence about their false implication due to enmity. 5. The prosecution examined witnesses in support of its case. Out of them PW 1 is Binoti Oraon, the fellow girl, who was accompanying Anjali Oraon from school to her home village. PW 2 is Fani Bhushan Oraon, the informant, PWs 3 and 4 however, have not been tendered. PW 5 is the victim girl, Anjali Oraon, PW 6 is Dr. Ashrita Kujur, who had examined the victim girl and had assessed her age as 14 years. PW 7 is a formal witness, who has proved the first information report (Ext. 3) and the medical report (Ext. 2). 6. In this case, PWs 1 and 5 are the material witnesses.
Ashrita Kujur, who had examined the victim girl and had assessed her age as 14 years. PW 7 is a formal witness, who has proved the first information report (Ext. 3) and the medical report (Ext. 2). 6. In this case, PWs 1 and 5 are the material witnesses. Both these witnesses have consistently deposed in Court that Anjali Oraon, PW 5 was abducted by the appellants at the threat of dagger and pistol and she was taken to the village of the appellants for the purpose of marriage with the appellant Mangal. These two witnesses, namely, PWs 1 and 5 have proved the prosecution case beyond all reasonable doubt. PW 6, the doctor has assessed the age of Anjali Oraon as 14 years, PW 2 is a hearsay witness. 7. It has come in the evidence that at the relevant thime when Anjali was abducted, she was a minor girl aged about 14 years. 8. It has also come in the evidence of PW 5, Anjali Oraon that she was rescued by the villagers from the house where she was kept by the appellants. The defence, however, has not been able to discredit PW 5 in the cross-examination. The prosecution case, therefore, wholly rests on the evidence of PWs 1 and 5 and merely because the Investigating Officer of the case has not been examined, the prosecution case cannot be doubted. 9. I have scrutinised the evidence on record and I find that the prosecution has proved the case against the appellants beyond all reasonable doubt. 10. However, the sentence passed against the appellants to a term of six years, in my opinion, appears to be harsh, I, therefore, taking into consideration the facts and circumstances of the case and also the materials on record reduce the sentence passed against the appellants to three years under each count as against a term of six years. 11. With this modification in the sentence, this appeal is dismissed. 12. The appellants are on bail, their bail bonds, therefore, are cancelled and they are directed to be taken into custody to serve out the remainder part of the sentence.