USHA Vs. STATE

JUDGEMENT

(1.) The appellant Usha along with others was convicted for committing offences under Section 363 read with Section 368; 366/506; 376 read with Section 109 IPC by a judgment dated 05.05.2011 of learned Addl. Sessions Judge in Sessions Case No.52/2010 arising out of FIR No.226/2007 PS Gokulpuri. By an order dated 13.05.2011, she was sentenced to undergo various prison terms with fine.

(2.) Allegations against the appellant in the charge-sheet were that on 27.03.2007, she enticed the prosecutrix 'X' (assumed name) aged around 13 years to marry her son Tinku. On 28.03.2007 at about 07.00 or 07.30 a.m. when 'X' had gone to market to purchase some eatables, the appellant met her on the way and after inducing her to her house. She administered some poisonous substance in the tea, as a result of which, 'X' became unconscious. On regaining senses, she found herself in village Issampur. It is pertinent to mention that in the village, both 'X' and Tinku performed marriage and thereafter, she lived at his house there. The marriage was registered at Registrar, Hindu Marriage, Chandausi, Distt. Moradabad (U.P.). Co-convict Tinku's plea in the trial was that 'X' was a consenting party.

(3.) After considering the rival contentions of the parties and on appreciation of the evidence on record, the Trial Court convicted the appellant and others for the offences mentioned above. Being aggrieved and dissatisfied, the appellant has challenged her conviction in appeal.