CHANDER NATH Vs. STATE

JUDGEMENT

(1.) The appellant was charged, convicted and sentenced to various terms of imprisonment under sections 363 IPC, 366 IPC and 376 IPC. All the sentences were made to run concurrently. The sentence of imprisonment passed under section 363 is 2 years, the sentence passed under section 366 Indian Penal Code is 3 years and the sentence passed under section 376 Indian Penal Code is 10 years. The appellant was also sentenced to pay a fine of Rs. 5000.00 under section 376 Indian Penal Code in default of payment of which he was required to undergo further R.I. for two years.

(2.) The allegation apainst the appellant is that he kidnapped the victim Kumari Geeta, daughter of Vir Bahadur (Public Witness 10) on 11th June 1984 in village Kotia, Police Station Kalyanpuri, without the consent of the guardian and that this kidnapping was done by him with the intention to commit illicit intercourse. with her and thereafter he raped Geeta, a young girl between 7 and 8 years of age on the date of incident.

(3.) . The facts are that the appellant, who was also working as Chowkidar in the area, was having intimate relations with the family of Geeta victim and in this connection he used to visit the house of Vir Bahadur Public Witness 10. On the date of incident he is alleged to have come to the house of the complainant a lifted Geeta while she was playing in the street. He is then alleged to have taken her to some derserted place where he raped her and then escaped. Before the girl returned home after being raped she was picked up by the father who had gone in search of her and had failed to locate the appellant at his home. He had been earlier told by his wife Public Witness 2, Jasumati, that Geeta had been taken away by the appellant. The prosecution case further is that at the time Geeta was lifted by the appellant no objection was raised by her mother as they were intimate with the appellant and Geeta used to go to their house for playing with the children of the appellant.