BASDEO Vs. STATE

JUDGEMENT

(1.) Two appellants, real sibling brothers, Basdeo and Chhotey Lal have questioned the sustainability of their conviction recorded by Vth Additional Sessions Judge, Agra, in S.T. No. 87/80. State v.. Basdeo and another, by which both the appellants have been convicted under Section 363. I.P.C. with implanted sentence of five years rigorous imprisonment and additionally appellant Basdeo has been further convicted under Section 376, I.P.C. and sentenced to five years R.I., by the trial Judge. In short, prosecution allegations against the appellant as is contained in the written report Ext. Ka-1, coupled with chick F.I.R. Ext. Ka-10 were that two appellants alongwith third accused Bare Lal enticed away and kidnapped a young damsel Chandrawati P.W. 4 aged about 13 or 14 years d/o informant Raghunandan P.W. 1 in the night of 5.5.1979 at 12 a.m. Victim was searched but remained untraced. Neighbours and villagers were also Informed regarding aforesaid kidnapping. After a month on 6.6.1979, Veerpal. Ram Prakash, Rangveer Singh, all resident of village Nagla Karan Singh, were returning from a marriage ceremony in a jeep and when they were travelling in between village Ghiror and Sukhabad. at 4 p.m., they located abducted victim Chandrawati flanked by three accused Basdeo, Chhotey Lal and Bare Lal sitting under a tree. No sooner the three witnesses got their jeep stopped all the accused sprinted away to evade their arrest. Victim, after witnessing three witnesses Veerpal, Ram Prakash and Rangveer Singh started shrieking to rescue her. Aforesaid witnesses however, succeeded in apprehending two of the accused Chhotey Lal and Bare Lal after some grappling with them in a field. Third accused Basdeo however, made his escaped good. From the same jeep two apprehended accused alongwith victim were brought to the informant's house where in the presence of co-villagers victim narrated that she was taken to various places and was also subjected to rape.

(2.) With the aforesaid allegations informant Raghunandan scribed Ext. Ka-1, carried apprehended accused and the victim to the Police Station, Firozabad North, district Firozabad and got his F.I.R. registered on 7.6.1979, at 10 a.m., vide Crime No. 212/79. under Sections 363. 366, 368 and 376, I.P.C. against three named accused persons.

(3.) Head constable Udai Singh prepared chick F.I.R. Ext. Ka-10 and relevant G.D. entry Ext. Kail. Cartel (petticot) of the victim was also seized by the head constable and its seizer memo was prepared. Cartel was sent for serologist examination on 21.6.1979 through constable Gulab Singh, which was received back on 29.9.1979 alongwith the chemical examination report Ext. Ka-12.