JEET BAHADUR @ DHUNNI Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal has been filed against the judgment and order dated 21.09.1995 passed by the Additional Sessions Judge Ist, Unnao in S.T.No.986 of 1994, whereby the appellant no.1 Jeet Bahadur @ Dhunni has been sentenced to undergo rigorous imprisonment of three years under Section 363 IPC, five years rigorous imprisonment under Section 366 IPC and seven years rigorous imprisonment under Section 376 IPC. The appellant no.2 Surendra Singh @ Lala has been convicted under Section 363 IPC and has been sentenced to undergo three years rigorous imprisonment and further five years rigorous imprisonment under Section 366 IPC.

(2.) THE brief facts are that the informant Sant Bux Singh lodged a First Information Report on 30.07.1994 with police station Achalganj, District Unnao mentioning therein that on 14.07.1994 at about 11.00 p.m. when his family members were asleep, the appellants enticed away her minor daughter, aged about 15 years. It was also mentioned in the First Information Report that his daughter had also taken away Rs.1,400/ - cash and ornaments of his wife. The informant went to his Sasural in search of his daughter because both the appellants were real brothers and were his brother -in -laws. It is stated that in his Sasural, Hari Shankar Singh @ Nanhey, Munni Singh and Shamsher Singh met but they threatened him to return back otherwise he would be killed. Thereafter he kept on? searching his daughter, but when she could be traced out, the First Information Report was lodged by him.

(3.) ON the basis of written application by the informant, the police registered a case against the appellants and investigated the matter. The Investigating Officer visited the place of occurrence prepared site -plan, interrogated the witnesses and on 04.08.1994 the girl was recovered. After completion of investigation, the police submitted charge -sheet.