RAM CHANDRA Vs. STATE

JUDGEMENT

(1.) This appeal, preferred by the appellant u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C), is directed against the judgment and order dated 19.04.1997 passed by the Second Additional Sessions Judge, Nainital in ST. No.369 of 1994, State Vs. Ram Chandra, thereby convicting and sentencing the appellant/accused u/Ss 376 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) for seven years' R.I. and further convicting and sentencing him u/s 366 IPC for five years' R.I. Both the sentences were directed to run concurrently. Co-accused Munna Singh was acquitted for the offence punishable u/s 363/366/368 IPC.

(2.) Heard learned counsel for the parties and perused the entire material available on record.

(3.) In brief, the prosecution case is that complainant Jaswant Singh (P.W.2) lodged an FIR on 18.5.1992 stating therein that the aunt (MAUSI) of the appellant/accused was married in complainant's village due to which the appellant/accused used to visit his village and also in complainant's house and he also used to talk to the complainant's daughter. Sometime the appellant also came in the absence of complainant in his house. In the evening of 16/5/1992, complainant's daughter Sheshlawati had gone from the house. For the whole night the complainant searched for his daughter and on the next day morning, Mahesh Singh (PW3) and Kanhai Singh informed the complainant that they had seen his daughter while going with the appellant on his bicycle and co-accused Munna was also accompanying them. It was also stated that his daughter has been enticed away by the appellant/accused and co- accused and the age of his daughter is 131/2 years. With the same averments, the FIR Ex.Ka-1 was lodged on 18.5.92 at 11:25 AM at PS Nanakmata. On the basis of this FIR, Chik FIR was prepared by C/C Laxman Chand, i.e. Ex.Ka.9. The necessary entry was also made in the G.D., the carbon copy of which is Ex.Ka-10. Investigation of this case was entrusted to P.W.4 S.I. Anwar Ali. The victim was recovered on 18.5.92 itself and the recovery memo Ex.Ka-2 was prepared. The victim was given in the supurdgi of her relatives and Supurdginama Ex.Ka-3 was prepared. victim was medically examined on 19.5.1992 at 2:30 PM by PW5 Dr. Smt. Hem Lata and medical report Ex.Ka-11 and supplementary report Ex.Ka-12 and Ka-13 as well as the x- ray report Ex.Ka-14 were prepared. The I.O. during the course of investigation inspected the place of occurrence and prepared the site plan, i.e. Ex.Ka-4 and also the site plan of the place of recovery of victim, i.e. Ex.Ka-5. The 10 also took the underwear of the appellant/ accused as well as the Petticoat of the victim into his possession and Fards Ex.Ka-6 and Ka- 7 respectively were prepared. During the course of investigation, the I.O. recorded the statements of witnesses and after completing the investigation, he filed the charge sheet against the appellant/accused and co-accused Munna Singh (acquitted by trial court) u/s 363/366/376 IPC, i.e. Ex.Ka.8.