SUDEVI Vs. STATE OF U P

JUDGEMENT

(1.) THE appellants have been convicted by Vth Additional Sessions Judge, Faizabad, in Sessions Trial No. 262/1993, decided on 28.9.1996, whereby all of them have been convicted and sentenced to undergo rigorous imprisonment of 5 years along with fine of Rs. 2000/ - each under Section 363 IPC and 7 years rigorous imprisonment along with fine of Rs. 3000/ - each under Section 366 -A IPC.

(2.) ACCORDING to the prosecution case, the daughters of the informant were students of Government Girls Intermediate College, Faizabad. The occurrence took place on 5.1.1993 when both the girls had gone to the College at 9.30 A.M. However, the girls did not return back till late evening. The informant Jagdamba Prasad Dubey went here and there in search of his daughters but when he enquired from the friends of their daughters , he came to know that both the girls had not come to the School on that day. The informant lodged an FIR and a case was registered. The Investigating Officer recorded the statement of the informant and other witnesses and on receiving information that the girls might to be at Jalandhar, went there but did not find them. On 12.1.1993 the girls were recovered by the Investigating Officer from Charbagh, Lucknow. Both the girls were sent to the medical examination and thereafter given into the custody of their father. The Investigating Officer after completion of investigation submitted charge sheet against the appellants.

(3.) THE prosecution examined 7 witnesses during trial and the learned trial court on appraisal of the evidence, found the appellants guilty and convicted them as aforesaid.