RAMA KANT Vs. STATE OF DELHI

JUDGEMENT

(1.) The appellant has been convicted of offences under sections 363, 366 & 376, Indian Penal Code (for short of the IPC) by an Additional Sessions Judge vide his judgment dated 30th January, 1985. He has been sentenced to rigorous imprisonment for four years under section 363 I.P.C., rigorous imprisonment for five years under section 366 and rigorous imprisonment for five years and a fine of Rs. 4000/- for offence under Section 376 I.P.C.; in default of payment of fine, he has been awarded further rigorous imprisonment for two years. Feeling aggrieved he has come up with this appeal against his conviction and sentence.

(2.) The prosecution case in brief is that the prosecutrix Miss Geeta (since married) was living with her parents at house No. 156, village Patparganj, Delhi, at the relevant time Viz. November 1982. She was a student of Xth class and her age was about. 15 years. Her father used to manufacture certain parts of toy cycles for children. The appellant was at one time in the employment of the father of the prosecutrix but he was dismissed from service sometime before the occurrence in question took place.

(3.) On 17th November, 1982 at about 7 P.M. the prosecutrix went out in the fields to case herself. However, she did not return. Her parents started searching her after waiting for about two hours but she was not traceable. Smt. Gian Devi mother of the prosecutrix then lodged a report with the police daily diary No. 14 dated 18/19th of November, 1982 (copy Ex. P.W. 2/A) to the effect that her daughter was missing. Search for the prosecutrix continued but finding no clue about her whereabouts she made another report to the police on 19th November 1982 (copy Ex. P.W. 2/B). She inter alia, suspected the appellant as the culprit. A case under section 363/ 366 IPC was registered on the basis of report Ex. P.W. 2/B. later, on 5th December, 1982 she was spotted standing near the Booking Office of New Delhi Railway Station. The appellant was present alongwith her. So, on the identification of Sunder (P.W. 3), who is a cousin brother of the prosecution, she was taken into custody vide recovery memo Ex. P.W. 3/A.