MAN SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order dated 24th April, 1992 passed by Shri Mohd. Shamirn, the then Additional Sessions Judge, New Delhi, convicting the appeallant under Section 366 and 376, of the Indian Penal Code and sentencing him to undergo rigarous imprisonment for 3 years and a fine of Rs. 1000.00 , in default, further rigorous imprisonment for one year under Section 366 of the Indian Fenal code, and also rigorous imprisonment for 7 years under Section 376 and a Fine of Rs. 3000.00 . In default, further simple imprisonment for 18 months. The learned Judge ordered that all the sentences would run concurently.

(2.) The brief facts necessary to dispose of this appeal run thus. One Ratti Ram came to Police Post Madangir on 3rd May, 1985 at 8.45 p.m. and presented an application, mentioning therein that his daughter Kusum 15 years of age had been kidnapped by Man Singh, the appellant and one Irshad. The said application was sent to Police Station Kalkaji for registration of case under Section 363 Indian Penal Code on the basis of formal FIR. A case under Section 363 I PC was registered against the appellant and Ajit Singh, Sub Inspector was handed over the work of investigation of this case. The prosecutrix was recovered from the possession of the appellant on 5th May, 1985. Both the appellant and the prosecutrix were medically examined. The prosecutrix was also put to ossification test. Clothes of the prosecutrix and the appellant were seized and were sent to C.F.S.L. for chemical analysis.

(3.) The appellant pleaded not guilty and claimed trial. According to the statement of the appelant, he has been falsely implicated in this case on account of the enmity at the instance of the brother of the prosecutrix. The appellant demanded the said amount from the brother of the prosecutrix namely Shri Chander Prakash, a number of time whereupon he became annoyed and got the accused/appellant falsely implicated in the present case.