BHAGWAT PRAKASH Vs. STATE

JUDGEMENT

(1.) The appellant and three others were tried under Sections 366, 368 and 376, I. P. C. for having kidnapped a minor girl in order to compel her to marry and force her to commit illicit sexual intercourse; and for wrongfully concealing or keeping in confinement a kidnapped girl and for committing rape on her. The three other accused have been acquitted by the learned I Temporary Civil and Sessions Judge Allahabad, while the appellant has been convicted under Section 363, I. P. C. and sentenced to three years' rigorous imprisonment and a fine of Rs. 50/- or, in default of payment of fine, to three months further rigorous imprisonment. He has also been convicted under Section 376, I. P. C. and sentenced to two years' rigorous imprisonment; the sentences have been ordered to run concurrently.

(2.) In brief the story of the prosecution is that one Miss Indo Bala Basu resided at 11 Bank Road, Allahabad with her brother A.G. White's children. They were three sons and three daughters and they were under her guardianship as their mother had died. The incident is said to have taken place on 17-11-1053 in the evening when all these children had gone to their neighbour Dr. Beni Prasad's house where a marriage was being celebrated. At about 6.30 p.m. one of the girls Kumari Veda White, who was the eldest, was coming along with her brother and a younger sister back to her house to take warm clothes. The appellant who was standing in the way stopped Veda White and asked the other two children to go home telling them that she would be coming a little later. When the two children had gone away the appellant Bhagwat Prakash, took Kumari Veda White along with him to the Exhibition and at about 10 p.m. she was brought to the house of one Shesh Dhar who was a co-accused in the Sessions Court but who has been acquitted. It is alleged that she was kept there for the whole night and Shesh Dhar during the night committed rape on her. Next morning one Udai Prakash, who was another accused and has been acquitted, came with one Ghanshiam and took her to his house at about 11 a.m. There she was kept till evening and then brought to the house of Sri Ram, the third accused who has been acquitted, by one Indra Prakash brother of Bhagwat Prakash. Bhagwat Prakash came there in the night and is said to have committed rape three times during that night on her. The next day Veda White remained in the house of Sri Ram throughout the day. In the evening she along with Bhagwat Prakash, Udai Prakash, Sri Ram and Ananad Prakash went to a hotel where they had dinner, and all took wine except Veda White. Thereafter they all went to Naini at about 11 p.m. and stayed in the night in halwai's house at the back upper portion where Bhagwat Prakash is said to have committed rape again on Veda White in the night. The next morning Udai Prakash, Indra Prakash and Sri Ram went away, but Bhagwat Prakash and Venda White remained there. At about 2 p.m. Bhagwat Prakash again committed rape on Veda White.

(3.) Her aunt Miss Basu was very much perturbed when Veda White did not return in the night. She went to Bhagwat Prakash's house and there she asked Udai Prakash accused and her mother to give back Veda White to her and then Bhagwat Prakash promised to find out Veda Prakash. Ultimately she was returned to her aunt by Bhagwat Prakash. Her aunt took her to the thana and lodged a report on 20-11-1953 at about 6 p.m. The police took in possession the saree, the petticoat and other garments which were found on the person of Veda White and also those Which were found at the halwai's shop. They were sent to the" Chemical Examiner and were found to have stains of semen and blood.