SUGHAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) SUGHAR Singh son of Sri Badrivishal Singh resident of village Singhwal, Police Station Pachim Sarira, District Allahabad has filed this appeal against his conviction under sections 363/366 IPC by Sri Ikram-Ul-Bari additional Sessions Judge, Kanpur in ST No. 32/76. Appellant was sentenced two years' R.I. and a fine of Rs. 200/- and in default one month's further R.T. u/S. 363 IPC, he was further sentenced to 5 years' R. I. and a fine of Rs. 500/- u/S. 366 IPC. In default of payment of fine he was to further undergo R. I. for a period of 6 months. The substantive sentences of R. I. under both the counts were ordered to run concurrently.

(2.) PROSECUTION story briefly stated is that appellant happend to be related to informant Parmeshwar Singh (PW 2), resident of Kanpur. He used to reside at the house of Parmeshwar Singh where Km. Kusum Devi (PW 7) aged about 15 years used to call him uncle. Kusum Devi was a school going girl on 22-9-1976. Her father lived in Harbans Mohal street in Kanpur City.

(3.) MEANWHILE (PW 2) lodged FIR Ext. Ka-2 at about 6.15 p. m. on 23-9-76 at P. S. Harbans Mohal about the kidnapping of his daughter by Sughar Singh and Ram Khelawan on the basis of information received by him from Chunni Lal (PW 6). This FIR was recorded by Head Constable Raj Kishore Pathak (PW 4) who registered the case in general diary. The investigation of the case was conducted by Sri Kali Charan (PW 8) who interrogated witnesses and learnt that Kusum was in a protective home and learnt that Sughar Singh was in custody of police, Allahabad. Along with Parmeshwar Singh (PW 2) he reached Allahabad and brought Kusum to Kanpur and made her over to Parmeshwar Singh on 29-9-'76 Kusum Devi was examined by the lady Doctor Dr. Madhu Nigam (PW 9) on 30-9-'76 at about 5 P. M. Result is below :-