MANGREY Vs. STATE OF U P

JUDGEMENT

(1.) BOTH the aforesaid criminal appeals arise out of the judgment and order dated 20.07.1994, passed by III Additional Sessions Judge, Sitapur in Sessions Trial No.135/1992, whereby the appellant Hasmat was convicted under Sections 366, 376 IPC and was sentenced to undergo rigorous imprisonment of five years under each head. The appellants Mangrey and Smt. Jadura were found guilty of the offence under Section 366 IPC and were sentenced to undergo rigorous imprisonment of five years each. The appellant Shambhu was found guilty for the offence punishable under Sections 368 and 376 IPC and was sentenced to undergo rigorous imprisonment of five years each.

(2.) THE appellant Mangrey died during the pendency of the appeal and as such appeal stood abated against him.

(3.) ACCORDING to the prosecution case, the occurrence took place on 25.07.1989 at about 7.00 PM when the minor daughter of the informant had gone to ease out towards the village pond. When she did not return for a considerable period of time, the informant went in search of his daughter and during search, it was found that his daughter has been taken away by the appellant Mangrey and his wife Jadura. The matter was reported to the police on 06.08.1989 and the police on the basis of the FIR registered a case against Mangrey and his wife and proceeded for investigation. During investigation, the victim was recovered on 20.08.1989 from the house of the appellant Shambhu. The Investigating Officer interrogated the victim and sent her for medical examination. After completion of other formalities of the investigation, the Investigating Officer submitted the charge -sheet against the appellants as well as against Smt. Chunni and Jagpati.