KESHAV PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) J. K. Mathur, J. Kesho Prasad was convicted for having committed an offence punishable under Section 363, I. P. C. and sentenced to undergo four years rigorous imprisonment and a fine of Rs. 100 In default of payment of which he was ordered to undergo rigorous imprisonment for a further period of six months.

(2.) THIS appeal is directed against the aforesaid conviction and sentence. A first information report was recorded purporting to be based upon the statement made by Km. Shobhawati on 21-2-1977 at P. S. Jabalpur, district Faizabad stating that she was resident of village Rampur Kalan in P. S. Tanda and was studying in Class VII. She gave her age 11 years. Accord ing to her Keshoram accused used to visit her house and in absence of her parents used to tempt her by saying that he would give her good food and clothes if she married him. About 14 to 15 days before the lodging of the report she was coming back from her school. Kesho Ram met her near a grove. He again said that he would give ornaments and clothes in case she went with him. He took her in village Kanoorpur Petia at the house of Ram Prasad for 7 or 8 days and then at the house of Jugal Kishore in that village for about six days. Whenever Kesho Ram left the house, Ram Ashrey and Jugal Kishore used to keep a watch on her. Kesho Ram then took her to the district of Azamgarh and got her signatures on some papers. On 21-2-1977 Kesho Ram and Jugal Kishore Singh were taking her to the bazar of Jabalpur for clothes etc. when they met Rim Asrey near the Shivala. These persons started talking to Ram Ashrey about selling her and then took her towards Jalalpur. She started weeping when she saw the policemen coming. Kesho Ram ran away. Km. Shobhawati was taken to the police station. She wrote out the report Ext. ka-4. She was medically examined. In the opinion of the doctor she was about 17 years of age. On 23-2-1977 she was given in the supurdagi of her father. After investigation a charge-sheet was submitted against Kesho Ram, Jugal Kishore Singh and Ram Asrey.

(3.) IN this case, it may be pointed out that no report was loged about Shobhawati having been taken away from her house by the accused Kesho Prasad before a F. I. R. was registered on the basis of the alleged writing given by Shobhawati herself on her recovery on 21-2-1977.