NUSRAT Vs. STATE OF U P

JUDGEMENT

(1.) O. P. Srivastava, J. This is an appeal from the judgment and order dated 24-7-1987, passed by the XIII Additional Sessions Judge, Lucknow, convicting the appellant under Sections 363, 366, 376 IPC and sentencing him to three years' rigorous imprisonment under Section 363 IPC three years' rigorous imprisonment and Rs. 500 as fine under Section 366 IPC and four years' rigorous imprisonment under Section 376 IPC. In case of default in payment of fine, the appellant was ordered to further undergo rigorous imprisonment for a period of four months. The sentences were made to run concurrently.

(2.) BRIEFLY stated, the prosecution case is that the accused appellant alongwith others kidnapped Km. Tara (PW 3) on 12-8-1986 during the day time when her father Mohd. Nyaz (PW 2) and mother Sabira (PW 1) were away from the house. She was recovered on 22- 8-1986 by the police at about 2. 30 p. m. from Saadatganj bus stand. After completion of the investigation, the accused appellant and four others were charge-sheeted.

(3.) IN order to prove its case, the prosecution examined Km. Tara (PW 3) who unfolded the prosecution case regarding kidnapping and rape committed on her by the appellant, in all its material details. Sabira (PW 1) and Mohd. Nyaz (PW 2) had stated that their daughter was kidnapped when they were away from the house.