BALESHWAR Vs. STATE

JUDGEMENT

(1.) This is an appeal, sent through jail, against the conviction and sentence of the appellant, for offences under Sections 366/376 IPC, vide judgment dated 20th Deceimber, 1985. The order of sentence was separately recorded on the same date whereunder the appellant was awarded Rl for two years under Section 366 Indian Penal Code and sentence for seven years under Section 376 Indian Penal Code with a fine of Rs. 600.00 in default of payment of fine toundergo Rf for six months. The sentences were however, to run con- currently. The appellant challenges both his conviction as well as sentencing.

(2.) The appellant was sent up for trial, on the allegations that on 31st March, 1984, at about 11.30. A.M., he deceitfully enticed away a minor girl :Anarsa Devi, then aged about 13 years from the custody of her elder sister Smt. Meera Devi, resident of B-2/90, Nand Nagri, Delhi with an intent that she may be seduced to illicit intercourse, and further that after kidnapping the said girl in the manner aforesaid, the accused, (appellant herein), raped her during the period from 31st March, 1984 till her recovery on 11th April, 1984.

(3.) The appeal was admitted for hearing and Ms. Usha Kumar Advocate, of this Court wasppointed as amicus curiae The matter has been heard with her assistance, when Shri B.T. Singh, Advocate, appeared for the respondent-State. The trial court record has been gone through and the judgment examined, in the light of the arguments advanced by both the learned counsel.