PUSI Vs. STATE OF U.P.

JUDGEMENT

(1.) THE accused -appellant has challenged the judgment and order dated 16.01.1997 passed by the Additional Sessions Judge/Special judge, Nainital in Sessions Trial No. 501 of 1995 whereby the accused appellant has been convicted for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code, 1860 (for short I.P.C.). The appellant has been sentenced to undergo rigorous imprisonment for five years under Section 363 read with Section 366 of the I.P.C. and he has been sentenced to undergo rigorous imprisonment for five years under Section 376 of the I.P.C. All the sentences have been ordered to run concurrently.

(2.) THE criminal law was set in motion on a complaint Ex. Ka -1 submitted by Ram Chandra Joshi, father of a minor girl (hereinafter referred to as victim) on 03.04.1995. [Name of the victim has not been mentioned to prevent social victimization or ostracism of the victim of the sexual offence for which Section 228A of the I.P.C. has been enacted. It is advisable for the courts below not to indicate the name of the victim of sexual offences in their judgments.] According to Ram Chandra Joshi (complainant), the accused -appellant was involved several cases of dacoity, murder and serious offences. He was also a absconder and warrants of arrest had been issued. The accused had been occasionally visiting the complainant's house. The complainant did not know about the criminal activities of the accused. On 10th March 1995 at about 8 or 9 p.m. the accused -appellant enticed away the minor daughter of Ram Chandra Joshi and since then the accused is absconding. The complainant came to know about his daughter's absence during the night of 10th March 1995. Smt. Pushpa and Manoj, the sister and brother -in -law of accused were seen by the police patrolling party about two kilometers away from village Bhimnagar. They also helped the accused in taking away the daughter of the complainant. On the basis of complaint Ex. Ka -1, the first information report was registered on 03.04.1995 at about 11:30 a.m. under Sections 363 and 366 of the I.P.C. The victim was recovered from the custody of accused -appellant on 15.04.1995 from Meerut by the police. On interrogation the victim revealed that she was kidnapped by accused -Pusi and was taken to Meerut. She was subjected to illicit and forcible sexual intercourse during her stay at Meerut against her will. The victim was handed over her father's custody.

(3.) THE prosecution in order to prove its case produced as many as six witnesses. Ram Chandra Joshi is the complainant and father of the victim (PW -1). PW -2 is the victim herself. Smt. Bishambari Devi is the mother of victim (PW -3). Shreedhar is the uncle of victim (PW -4). Dr. Bandana Goyal (PW -5) medically examined the victim and Sri P.C. Verma, the Investigating Officer (PW -6).