HOSHIYAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) SURYA Prasad, J. This is a criminal revision against the judgment and order dated 5-3-1986 passed by the V Additional Sessions Judge, Mathura in Criminal Appeal No. 98 of 19s5 (Hoshiyar Singh and another v. State) dismissing the appeal of the revisionists filed against the judgement and order dated 21-12-85 passed by the II Assistant Sessions Judge, Mathura in Session Trial No. 123 of 1985, whereby the learned Assistant Sessions Judge convicted and sentenced the accused Hoshiyar Singh and Nihal Singh to undergo three years' rigorous imprisonment under Section 366, I. P. C. and further sentenced accused Hoshiyar Singh to undergo five years' rigorous imprisonment and to pay a fine of Rs. 1, 000/- and in default of payment of fine to further undergo three months' rigorous imprisonment under Section 376, I. P. C.

(2.) THE facts of the case briefly stated are that on 13-10-82 Bhagwati Prasad, father of Km. Saroj went to the Bus-stand along with her to see her off for his sister's place. He returned after seeing her off at the Bus-stand on 13-10-1982. His younger son Satish came from Alwar, the place of his (Bhagwati Prasad's) sister and told him that Km. Saroj had not reached there. Consequently Bhagwati Prasad started tracing her in the village and at some of his relative's places, but she was not traceable. It is on 22-10-1982 that Ranjeet Singh and Biri Singh told him that they had seen Km. Saroj along with Hoshiyar Singh at the Milan Talkies. Consequently a report was lodged against Hoshiyar Singh and on that basis a case was registered against him. THE police started investigation and recovered Km. Saroj on 21-lu-1982 from the house of Devi Ram within the circle of Police Station Gonda in the presence of Hoshiyar Singh, Devi Ram, Kare Singh Pradhan of village Rajawal and a Sub-Inspector of the Police Station, Gonda. THE recovery memo was prepared and was signed by the two accused and the witnesses present there. THEreafter the girl was produced for medical-examination on 22-10-1982 in the Women Hospital, Mathura. She was examined by Dr. Nisha Srivastava. After completion of the investigation into the case the charge-sheet was sub mitted against Hoshiyar Singh, Devi Ram and Nihal Singh.

(3.) THE accused-revisionists examined Govind Prasad and Radhey Shyam and relied uopn certain documents in support of their contentions.