STATE OF U P Vs. DULARE

JUDGEMENT

(1.) Four accused respondents, namely, Dulare, Bablu alias Basant, Siya Ram and Santosh have been acquitted of the charges under Sections 363, 366 and 376 I.P.C. by the impugned judgment and order dated 13.7.2000 passed by the Sessions Judge, Mirzapur in S.T. No. 37 of 1997 which has been challenged by the State through this appeal. There were two other accused Lochan and Pintu who, too, had been committed to the Court of Sessions to face trial, but they having been found under 16 years of age, their case was sent to the Juvenile court.

(2.) The prosecutrix was Hemanti, married daughter of informant Panchu PW5. After getting scribed the F.I.R. by Dharmaraj Singh PW 4, Panchu lodged it at Police Station Jamalpur on 9.7.1996 at 8.45 P.M. regarding the incident which allegedly took place in between the night of 7/8.7.1996 at about 8 P.M. in village Oinwa and thereafter at other places the same night.

(3.) The prosecution case as surfacing from the F.I.R. and the evidence conjointly Was like this: Hemanti (prosecutrix) PW 1 was the married daughter of Panchu PW 5. Hemanti's mother had gone to her parental house and Panchu was also not present at his house, having gone to his work. At about 8.00 P.M. on 7.7.1996, Pintu alias Tolan, Dulare, Siya Ram, Santosh and Lochan abducted Hemanti from her house. Panchu came to know of it from his younger daughter on returning home from his work at about 9.00 P.M. He kept her searching but in vain. On 9.7.1996, he reached his Sasural in village Reewa in search of his daughter who was found there. As per the F.I.R., she informed him that Pintu alias Tolan, Dulare, Siya Ram and Santosh had abducted her. However, the F.I.R. was lodged against five persons i.e. these four and Lochan. Check F.I.R. was prepared by constable Ravindra Singh PW 6 who made entry in G.D. and registered the case. The police swung in action, investigation having been entrusted to S.I. Sakeel Akhtar Khan PW 7 to be ultimately concluded by S.I. Muni Ram PW 8.