MUKTESH WAR PRASAD Vs. DHARAM PAL

JUDGEMENT

(1.) Accused Dharam Pal son of Daya Ram has filed this appeal against the judgment and order-dated 5-3-1990 passed by Sri Udai Chandra, the then Additional Sessions Judge, Moradabad whereby he convicted the accused under Sections 363/376 of Penal Code and sentenced him to suffer imprisonment for five years under each count. Both the sentences were ordered to run concurrently.

(2.) In brief, the facts of the case, as revealed from the record, are as under:PW 2 Dal Chandra son of Nathoo Singh was employed in U.P. State Electricity Board in the year 1986 and was posted at Amroha, Moradabad. Accused Dharam Pal was employed in the Central Bank of India situated in Mohalla Kot, Amroha and lived as a tenant in the house of PW 4 Rajvir Singh. Km. R. daughter of Dal Chandra aged about 16 years was a student of Class VIII in the year 1986. The elder sister of Km. R. Smt. Asha was also present in her house on 10/1/1987.

(3.) On 10-1-1987 at about 9.30 a.m. Dal Chandra went to attend his duty and his wife left her house to collect fodder from the forest for her cattle. Smt. Asha went to her neighbour Bhagwan Din at about 3 p.m. and was sitting there. At about 5.00 p.m. Dal Chandra returned home from his duty but he did not find his daughter Km. R. at his house. The informants wife also arrived there and disclosed to her husband that she left for jungle leaving Km. R. at the house. Dal Chandra searched his daughter in Amroha Town and Railway Station also, but she could not be traced out. PW 3 Harbansh Lal and Jaipal Singh, a Tonga driver told the informant that they had seen Km. R. going on a rickshaw along with Dharam Pal at about 3.45 p.m. and both were going towards Railway Station. The informant reached Railway Station but she could not be found.