RAM GULAM Vs. STATE

JUDGEMENT

(1.) Ram Gulam was tried by Shri R. L. Gupta, Additional Sessions Judge, under Section 366, Indian Penal Code for having kidnapped Pushpa a minor aged 7 years and also under section 376, Indian Penal Code for having committed rape upon her. The trial Court by its impugned judgement dated 29th June, 1978, found the appellant guilty under the aforesaid sections and convicted him accordingly. After giving an opportunity of. hearing him on the question of sentence the trial court by its order dated 30th June, 1978, sentenced him to undergo rigorous imprisonment for three years under section 366, Indian Penal Code and to rigorous impri- sonment for five years under section 376, Indian nal Code. The sentences were, however, ordered to run concurrently.

(2.) Feeling aggrieved by his conviction and sentence the appellant has filed the present appeal. Relevant facts For disposing of this appeal are as under:

(3.) 0m Parkash (Public Witness 4) father of the minor Pushpa who at the relevant time was working as a mate in the Railways stated that eight or nine months prior to the recording of his statement on 2nd March, 1978, Pushpa was found missing at about 9.30 p m. He searched for her in Chankyapuri and other places but remained unsuccessful. The next day also along with two or four other persons he searched for her but in vain. He made enquiries from the appellant who was working under him as a male and resided near his residence. The appellant told him that he did not know anything about the whereabouts of Pushpa. He was not satisfied with the reply given by the appellant and suspected him of having taken away his minor daughter. He made a report in Police Station Chankyapuri on 20th about the missing of his daughter. On the 23rd 0m Parkash along with Harcharan and RamSagar, PWs. 19 and 8 respectively, were going towards the police station with a view to lodging a report against the appellant. On their way to the police station on the asking of Harcharan, 0m Parkash peeped into a circular concrete pipe wherefrom he heard the slow sound of weeping. He entered that pipe and found his daughter Pushpa. She was weeping very feebly and was not conscious of her body. He found that she was only wearing her frock which was stained with blood. Her underwear was missing. He took her to the Safdarjang Hospital where the doctor told him that Pushpa had been raped. He further stated that the police recorded his statement. Exhibit P.W.4/A, and took into possession the frock. Exhibit P/1. of Pushpa vide memo. Exhibit Public Witness .4/B which was converted into asealed parcel.