RAMESH CHANDRA GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 23.1.1990, passed by the learned IV Additional Sessions Judge, Unnao, convicting the appellant under sections 376, 366 and 363, I.P.C. and sentencing him to rigorous imprisonment for five years, four years and three years respectively, all the sentences running concurrently.

(2.) The trial in this case had proceeded against three persons, namely, appellant Ramesh Chandra Gupta, Ganga Prasad and Manni Lal. Manni Lal died during the pendency of trial. Ganga Prasad, who had proceeded against under Sec. 368, I.P.C., was acquitted.

(3.) Briefly stated, the prosecution case is that on 2.3.1983 at 5.30 p.m., a report was lodged by Chintamani Pandey (P.W. 1) father of Km. Asha Pandey with the allegation that she was kidnapped by appellant Ramesh Chandra Gupta. It was also alleged that Km. Asha Pandey was taken away alongwith ornaments, tape recorder and Rs. 2,500.00 cash. Km. Asha Pandey was recovered on 5.3.1983. The informant had alleged that at the time of incident, Km. Asha was 13 years of age. After recovery, Km. Asha told the police that appellant Ramesh Chandra Gupta had committed rape on her also and, therefore, case which was initially registered under sections 363 and 366 was added with under Sec. 376, I.P.C. Km. Asha was sent for medical examination. She was examined by Dr. A. Sachdeva (P. W. 5). After investigation, the appellant alongwith two others were charge-sheeted.