KHARAG SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal has been filed by Kharag Singh, Mansingh. Jawahar Chhotey and Kripa Ram. Out of them, all except Kripa Ram, were convicted under Section 366 IPC and sentenced for four years' R. I. Kripa Ram was convicted under Section 368 IPC and sentenced to four years' R.I.

(2.) KM. Suneeta was living in Mohalla Ghasi of Ganjudundware along with her mother Smt. Sarupi Devi in Maternity Centre. In the same building on the upper storey, Kharag Sing and Jawahar appellants also lived. Jawahar appellant had appeared at the High School Examination. KM. Suneeta was a student of Class VII in Vedic Kanya Higher Secondary Schools Ganjudundwara. On 4-5-1970 she had gone to appear at her examination and since then she did not return to her home. Her mother Smt. Sarupi Devi was in the town on that day. At about 8 P. M. on 4-5-1970 when she returned to her house she came to know about the missing of KM. Suneeta from her mother, who also lived with her. On enquiry, Kharag Singh told him that he had seen Jawahar appellant, his sister Vidya and brother-in-law Man Singh along with KM. Suneeta at the railway station. They had in all probability taken her towards Kampil. The report was there after lodged by Smt. Sarupi on 5-5 -1970 at 9.05 p. m. after she had searched for KM. Suneeta and did not find her.

(3.) X-ray was performed by Dr. N. K. Mittal. It disclosed that epiphysis of elbow joints were fused but radius and ulna had not fused. According to him, her age was approximately 16 or 17 years and she was habitual to sexual intercourse.