KAMLESH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellant and the learned Additional Government Advocate and gone through lower court record.

(2.) THIS criminal appeal under Section 374 (2) CrPC has been preferred by appellant Kamlesh against judgment and order dated 14.03.2012 passed by the Special Judge, S.C.S.T. Act, Unnao in Special Sessions Trial No. 277 of 1998, arising out of case crime no. 34 of 1995, under Sections 363, 366 and 376 IPC read with Section 3(2)(5) S.C.S.T. Act, police station Hasanganj, District Unnao by means of which he along with other accused has been convicted and sentenced under Section 376 IPC for a term of ten years' rigorous imprisonment and under Section 366 IPC for a term of seven years' rigorous imprisonment with fine stipulation and in case of non -deposition of fine, to go simple imprisonment of two years under Section 376 IPC and one year under Section 366 IPC.

(3.) PROSECUTION case, in brief, is that on 08.02.1995 daughter of complainant Munna, prosecutrix, aged about 15 years, and daughter of Jamuna Dhanuk prosecutrix after finishing their work at Gajaffarnagar market were returning to their house; after half hour his village persons, namely, Kamlesh son of Sapari Bhujwa, Bhagwandeen son of Mahabir and Ramjan son of Nawab came towards his house and talked with both the girls; in the evening, at about 6:00 p.m. both the girls after collecting jewellary went along -with accused towards a culvert; at the time of departure of both the girls, only Kumari Pushpa daughter of Munna and Kumari Anita daughter of Jamuna were present and they saw; when the complainant came to the house, both the girls were disappeared; search of both the girls was started immediately; the persons, who either were returning from market or going to market, told that two girls were going along with Ramjan, Kamlesh and Bhagwandeen on bicycles; complainant and family members were searching out both the girls, but they had not been traced out; and it appears that both the girls had been enticed away by the aforesaid accused. On the basis of tehrir a chik first information report no. 23 of 1995 was lodged on 11.02.1995 at 16:20 hours under Sections 363 and 366 IPC read with Sections 3(2)(5) SCST Act. After investigation, charge -sheet was filed against accused Bhagwandeen, Kamlesh, Ramjan and Arjun under Sections 363, 366 and 376 IPC read with Sections 3(2)(5) SCST Act. Being a case to be tried by special judge, the case was committed to the Court of Special Judge, SCST Act.