SAHAJ RAM Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Girish Kumar Singh Advocate holding brief of Sri J.P. Singh learned counsel for the appellants and Sri Sharad Dixit learned AGA for the State.

(2.) INSTANT criminal appeal is directed against judgment and order dated 21.3.2001 passed by Special Judge SC/ST Act in S.T. No.312/92 by which appellants Sahaj Ram and Lallu were convicted under section 366/376 IPC and were sentenced to undergo five years R.I. each and were also directed to pay Rs.1000/ - as fine under section 366 IPC and were also sentenced to undergo 10 years R.I. each and were also directed to pay Rs.2000/as fine each under Section 376 IPC. In default of payment of fine. They were to undergo additional sentence for three months and six months R.I. respectively. Both the sentences were to run concurrently.

(3.) ACCORDING to the prosecution version, a first information report was lodged by Smt. Ram Kali in Police Station Subeha, District Barabanki on 19.6.1990, at about 8.25 P.M., alleging that due to dispute of payment of fare, at about 5.30 P.M., Sahaj Ram came to her house and started demanding fare, which, according to her, was not due. During exchange of words her daughter (victim) came and forbade him from abusing. Then he started abusing her also. Sahaj Ram pushed her. On alarm, Lallu and son of Sahaj Ram Mukesh came there and they thought that Sahaj Ram is being beaten and they all three dragged her daughter and went away with her. She apprehends that her daughter will be killed. She was searching her daughter but could not trace her. On this, a case under Section 364 IPC was registered. Later on, in the morning, the police of P.S. Subeha, District Barabanki found the girl coming out of the house of Sahaj Ram along with Lallu and Mukesh. Sahaj Ram fled away. Lallu and Mukesh were apprehended by police party. Fard baramdgi was prepared and after investigation charge -sheet was submitted under Sections 376/342 IPC was submitted. After committal of the case charge under Section 366 IPC was framed against Sahaj Ram, Lallu and Mukesh and charge under Section 376 was framed against Sahaj Ram and Lallu. Accused -appellants pleaded not guilty and claimed to be tried.