RAM NATH MANDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 14th January, 1993 passed by the Additional Sessions Judge, Delhi in Sessions case No. 69/90.

(2.) Before the Court of Sessions, there were two accused Ram Nath Mandal and Satya Narain Sharma. The accused Satya Narain Sharma was acquitted and accused Ram Nath Mandal was convicted under Section 363 Indian Penal Code and was sentenced to three years of R.I. and fine of Rs.500.00 in default of payment of fine he was directed to undergo further imprisonment of two months. The accused was further convicted under Section 376 and was given seven years R.I. and fine of Rs.2,000.00 in default of payment, the accused was directed to undergo further imprisonment of six months. The Court directed that both the sentences of imprisonment shall run concurrently. This appeal has been preferred by Rain Nath Mandal against his conviction by the Court of Additional Sessions Judge.

(3.) The brief facts which are necessary to dispose of the appeal are as follows: "On 5th December, 1989 at about 6:00 p.m. Algugiri, father of the Victim Meena lodged a report at Police Station Samaipur Badii that his minor daughter aged about 12 years had gone at 9:00 a.m. to her school on 4th December, 1989 and did not return home. He mentioned in his statement that Beena had illicit relations with Ram Nath Mandal. It was suspected that Meena and the neighbour Beena had been abducted. The mother of the victim Meena, Mala Devi (Public Witness 3) had stated, that on enquiry it was learnt that Beena came to school and took Meena along with her. Meena was taken away from the school at the behest of accused Ram Nath Mandal. On 17th December, 1989, Mujjaffar Nagar police recovered Meena, Beena and Ram Nath Mandal and produced them at police station Samaipur Badii on 19th December, 1989".