RAM SHANKAR Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 1.4.1989 passed by the learned III Additional Sessions Judge, Unnao in S.T. No. 161 of 1987, thereby convicting all the appellant of the offence punishable under Sec. 366, I.P.C. and sentencing him to undergo R.I. for a period of five years and further convicting the appellant of the offence punishable under Sec. 376, I.P.C. and sentencing him to undergo R.I. for a period of seven years R.I.

(2.) The facts leading to the prosecution of the appellant are that the accused, three months before 24.9.1986 at about 8 p.m., had kidnapped Km. Rani Devi from the lawful custody of her father and committed rape on her against her wishes and without her consent. The girl in question was recovered after more than three months and a report of the occurrence was lodged at the police station on which a case against the accused-appellant has been registered and after investigation charge-sheet was submitted against him.

(3.) The learned Lower Court recorded evidence in the case, believed the prosecution theory, convicted the appellant and sentenced him as above. Feeling aggrieved against the said judgment and order the present appeal has been filed.