RAJENDRA SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant, namely, Rajendra Singh against the judgment and order dated 16.12.1986 passed by Special Judge (E.C. Act), Budaun in Sessions Trial No. 24 of 1985 (State vs Rajendra and others) arising out of Case Crime No. 4 of 1984, under sections 363, 366, 368 and 376 IPC, police station Ughaiti, district Budaun, whereby the accused appellant-Rajendra Singh has been convicted and sentenced to four years' rigorous imprisonment under section 366 IPC.

(2.) However, by the same order, the learned Special Judge acquitted the co-accused persons, namely, Sukkhi, Smt. Ramkali and Room Singh under section 363 and 366 IPC and Sunder, Ram Bharosey, Chandra Pal, Smt. Tikola alias Ganga Devi, Gokil, Smt. Mallo and Smt. Lareti under section 368 IPC.

(3.) In short compass, the facts of the case as unfolded by the prosecution in the first information report lodged by the informant, Man Singh on 07.01.1984 at about 12.30 PM at the police station Ughaiti, Sahaswan district Budaun are that on 14.12.1983 at about 6.00 AM accused, Rajendra (present appellant), his father Sukkhi, Smt. Ramkali (first wife of Sukkhi and real mother of appellant Rajendra Singh), second wife of Sukkhi, who is known by the name of Thakurani, and Room Singh (son-in-law of Sukkhi) came to the house of the informant. Sukkhi stated that Katha would be recited at the house of his son-in-law Room Singh and requested the informant to permit his grand-daughter Km. Pravesh (herein-after referred to as "the prosecutrix") to accompany them to village Mahanagar. As the accused, Rajendra and his parents also resided in the same village and both the families had cordial relations, complainant-Man Singh allowed the prosecutrix, who was aged about 15-16 years, to go with them. The prosecutrix left the house along with the accused in the presence of witnesses Vijay Singh, Hardwari and Mahendra Singh. It was also mentioned in the FIR that when after 4-5 days accused Sukkhi along with his both the wives returned, he enquired from Sukkhi about the prosecutrix, who told him that she stayed in his relations and will come back in 2-4 days. However, when she did not return, he went to Mahanagar to search the prosecutrix, but in vain. He came to know that Rajendra and prosecutrix are not present in Mahanagar. Thereafter, first information report was lodged by the informant that his minor grand-daughter, aged about 15-16 years, has been enticed away by the accused-appellant, Rajendra Singh in collusion with the afore-mentioned persons.