BALBEER LODH Vs. STATE OF U P

JUDGEMENT

(1.) -This appeal is directed against the verdict of conviction and sentence dated 1.6.2004, passed by Shri Ajit Kumar Tiwari, Special Judge, S.C. and S.T. Act, Unnao. By virtue of this judgment, the appellant Balbeer Lodh has been convicted under Sections 366, 376 and 506, I.P.C. as also under Section 3 (ii) (v) S.C./S.T. Act. Under each count of Sections 376 and 3/2 read with Section 5 of S.C. and S.T. Act, the appellant has been convicted and sentenced to life imprisonment. For the offence under Section 506, I.P.C, he was sentenced to two years rigorous imprisonment and for the offence under Section 366, he would have to serve seven years' rigorous imprisonment in jail. He was, however, held not guilty under Section 366, I.P.C. for which the charge had been framed at the stage of trial. All the sentences were directed to run concurrently.

(2.) THE facts giving rise to this appeal, may be narrated as below : Kumari 'A' (name not revealed), resident of village Hazipur, Police Station Ganga Ghat, district Unnao lodged a report at police station Aminabad with the allegations that she had been abducted on 29.12.2000 by the accused-appellant Balbeer Lodh who hailed from a different village. Balbeer Singh was related to Ram Avtar, a resident of Udhapur, Hamlet of village Hazipur. A day before the date of occurrence, Balbeer Singh during an informal chat with the informant's father Dharampal, introduced himself as a Munshi of Police Station Ajgain (Constable clerk) and conveyed to him that he used to pay to the village chaukidars higher salary of Rs. 365 per month. Dharam Pal was also a chaukidar of his village and he was getting only a meagre sum of Rs. 200 per month as his salary. Balbeer Singh won his sympathy and asked him to come the other day. He met Ram Avtar and Balbeer at the house of one Guddu at village Hazipur. During his conversation with the accused, he told him that he was the father of two unmarried daughters and four sons. Balbeer assured him to fetch loan for him with a view to facilitate him to perform his daughters' marriage. Balbeer Singh asked the informant's father also to come to Hazipur Bus Stand alongwith his daughters. It was in this background that on 29.12.2000, Dharam Pal accompanied by his daughter Km. 'A' and one villageman Prithvi Pal Lodh who also had his daughter Chidana with him, came to the Punjab National Bank, Chota Chauraha, Unnao, as directed by the accused-appellant Balbeer Singh. Both of them arrived at Bank at 11.00 a.m. and as per the earlier agreement, there came there Ram Avtar, Ram Avtar's son-in-law and the accused Balbeer. All these persons had carried away Prithvi Pal alongwith them leaving behind Dharam Pal, his daughter Km. 'A' and Prithvi Pal's daughter Chidana sitting in the Bank. Dharam Pal and the two girls kept on waiting for three long hours. After long three hours, Balbeer alone came back to the Punjab National Bank and asked Dharam Pal to go to Kotwali Police Station and bring with him Mahendra constable. Although Dharam Pal expressed his reservation to go in search of Mahendra as he was not known to him but on being insisted by Balbeer, he left the bank premises for calling the aforesaid constable. When he arrived at police station Kotwali, he came to learn that Mahendra was not available there. So, he came back immediately to the Bank where he did not find Balbeer and his daughter. On his query, Chidana communicated to him that Km. 'A' had been carried away by Balbeer for getting the work of loan expedited. When he was in distress, Chidana's father Ram Avtar came there and both of them went in search of Km. 'A' and Balbeer but they were not traceable. Dharam Pal approached the office of Superintendent of Police and enquired about Balbeer. THE police personnel there, conveyed to him that no constable was there by the name of Balbeer nor posted in Ajgain or anywhere in the district. THE other day Dharam Pal came to learn that Balbeer and Km. 'A' both had been apprehended at Lucknow by the police. When he arrived at Mahila Police Station, Hazratganj, he met his daughter and by then Balbeer had been challaned. He took his daughter into his supurdigi and after signing the supurdiginama Exhibit Ka-1, carried her to his house.

(3.) P.W.2 is the victim of occurrence. She testified that she came to Unnao alongwith her father where Balbeer met her in a Bank and by sending her father to Kotwali Police Station, he by misleading her took away to Lucknow where she had been criminally assaulted by him. When she resisted Balbeer's intention to have sexual connection with her, he threatened her with dire consequences and forced her to surrender whereafter he had committed rape on her. He kept her in a house, location of which could not be disclosed by her but she testified that when she was being taken to Aminabad market for shopping, she mustered courage and raised an alarm whereupon Balbeer was arrested by the police and both of them were taken to Aminabad police station, where her report Exhibit Ka-2 was drawn. She was then sent for her medical examination. Her trouser was taken into police custody. Her father came to take her four days after and in this duration, she was kept at Mahila Police Station, Hazratganj.