Citation : 2022 Latest Caselaw 2530 Jhar
Judgement Date : 8 July, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) No. 0143 of 2011
Bodhi Pandit ..... Petitioner
Versus
The State of Jharkhand & Others ..... Respondents
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CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner: Mr. Arwind Kumar
For the State: Mr. Sreenu Garapati, S.C-III
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27/08.07.2022 It appears that during pendency of the present writ petition, the accused
persons of Bogodar (Saria) P.S. Case No. 88/2010 [G.R. No. 1013/2010] which was
instituted under Sections 366(A)/34/120(B) IPC have been acquitted by learned
District & Additional Sessions Judge-II, Gridih vide judgment dated 26.03.2019
passed in S.T. No. 264/2017.
On perusal of the said judgment, it appears that none of the prosecution
witnesses has supported the case of the prosecution. The petitioner of this case,
namely, Bodhi Pandit @ Bodhi Mahto has also been examined in the trial as PW.5 and
he has deposed that as per information given to him by her sister Tekni Devi (the
mother of the victim), Preeti Kumari (victim) went somewhere and could not be
traced out. P.Ws. 2 & 3 have deposed that the victim fled away with a person
whereas PW.4 has deposed that the victim fled away and solemnized marriage with a
person.
It is a matter of utmost surprise that till conclusion of the trial, which ended in
acquittal of the accused persons, the police has not been able to trace out/recover
the victim girl. If the deposition of the aforesaid prosecution witnesses is taken to be
true, the victim girl must be staying somewhere in India and hence the inaction of
the police in not tracing the victim girl, cannot be ignored by this Court. Though the
present writ petition is pending for last about 11 years wherein different affidavits
have been filed by the police officials on which several directions have been given to
recover the victim girl, yet she could not be traced till conclusion of the trial.
Under the aforesaid circumstances, this Court showing displeasure against the
police officials, directs the Superintendent of Police, Giridih to remain physically
present before this Court on the next date fixed.
Put up this case on 05.08.2022 under the same heading.
Satish/- (RAJESH SHANKAR, J)
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