FAIZU Vs. STATE

JUDGEMENT

(1.) The appellant was convicted by the learned Sessions Judge under Sections 363 and 366, Indian Penal Code and was sentenced to one year's R.I. under Section 363, Indian Penal Code and two years rigorous imprisonment under Section 366, Indian Penal Code. Brief facts according to the prosecution are as under.

(2.) On 29.5.1975, Smt. Rukia filed FIR in which she alleged that her daughter Razia Begum was missing and on inquiry she was informed that some Yusuf and Suleman and her daughter were seen with Faizu, who is the resident of a jhuggi nearby. She also mentioned that she had the suspicion that her daughter has been taken away by the appellant-Faizu. On investigations, she was recovered from the appellant-Faizu. Her statement was recorded and she was sent for medical examination. Before the learned M.M., Shahdara she stated that she was given inducement by the appellant that she will be given some clothes. Another lady, namely, Smt. Daropati also persuaded her to accompany Faizu.

(3.) The appellant took her to Agra and kept her for 2-3 days. There he had forcibly committed rape on her. The learned Trial Court had acquitted the appellant of the charge under Section 376, Indian Penal Code. However, the appellant was convicted under Sections 363 and 366 Indian Penal Code. The appellant examined 15 witnesses to strengthen his case. I have carefully examined the entire evidence on record and no interference is called for. However, on the question of reducing the sentence, following judgments have been cited.