SHIBBU @ SHIV PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS appeal, preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 10.3.1995 passed by the Sessions Judge, Tehri Garhwal in Sessions Trial No. 7/1993, State v. Mahesh and Ors. whereby the learned Sessions Judge has convicted the appellant accused Shibbu @ Shiv Prasad under Section 376 of Indian Penal Code, 1860 (for short, IPC) and sentenced him to undergo R.I. for a period of 3 years. Co -accused Mahesh and Suresh have also been convicted under Section 363 & 366 IPC and were sentenced to 3 years ' R.I. each under Section 363 & 366 IPC. Co -accused Mahesh has also been convicted under Section 376 IPC and was sentenced to undergo R.I. for 3 years for the said offence. However, the present appeal has been preferred by Shibbu @ Shiv Prasad only.

(2.) IN brief, the prosecution case is that the informant Narendra Datt Bahuguan lodged an FIR on 3.9.1992 at 6.10 pm with the averments that he was working as a Watchman since many years at Shivanand Ashram, PS Muni -ki -reti, District Tehri Garhwal and was living in a quarter along with his 12 years ' old daughter Km. Soni Devi. In another room situated in the vicinity of the informant 's room, there lived co -accused Mahesh of village Pakri, District Balia, who was working as a labourer at Muni -ki -Reti. He used to occasionally offer some eatables to Km. Soni Devi (PW1). In the morning of 3.9.1992, when informant woke up at about 4 am, he found that his daughter Km. Soni Devi was missing from the house. He found that co -accused Mahesh was also missing from his room. He tried to search them but there was no trace of her daughter and Mahesh. Then he lodged the report Ex. Ka -5 with PS Muni -ki -Reti stating his apprehension that co -accused Mahesh might have took her daughter by enticing her. On the basis of the report Ex. Ka -5, chick FIR Ex. Ka -6 was prepared by Head Moharrir Hari Singh (PW7). He also made the necessary entries in the GD. Copy of GD is Ex. Ka -7.

(3.) THE I.O. Genda Singh Verma stood transferred after 20.9.1992 and thereafter further investigation was done by SI GP Shukla (PW8). He inspected the place of recovery and prepared the site plan Ex. Ka -8 on the pointing out of the witnesses. He also recorded the statements of the witnesses during the course of investigation and after competing the investigation filed the chargesheet Ex. Ka -9 against the appellant accused and the co -accused.