GAYATRI Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 13.01.1994, passed by the IIIrd Additional Session Judge, Faizabad, by which the appellant Smt. Gayatri and Ramji Verma have been convicted for the offences punishable under Sections 363 and 366 IPC and appellant Santram Verma has been convicted for the offences punishable under Sections 363, 366 and 376 IPC.

(2.) As per prosecution case, in the night of 9/10.08.1988, Santram and the wife of Bhagwati Deen Verma has enticed away the sister of the complainant on the pretext of natural call and Santram had handed over the sister of the complainant to two other persons. The complainant searched out his sister, but she was not traceable, therefore, the report was lodged on 10.08.1988 at 16.20 hours, upon which a case at Crime No.312/1988, under Sections 363, 366 IPC was registered. The victim was recovered along with Kalideen and Banshu. The statement of the victim was recorded in which she had stated that she was subjected to rape by the appellant Santram and had also narrated the story of kidnapping. The victim was medically examined at District Hospital, Faizabad on 13.08.1988 and X-ray was also conducted in which she was found to be seventeen years old. After investigation, the charge-sheet was filed against the present appellants, who had denied the charges and claimed their trial.

(3.) The prosecution had examined the following witnesses :-