LAWS(ALL)-2016-5-518

BUDHI RAM Vs. STATE OF U P

Decided On May 11, 2016
BUDHI RAM Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned AGA and perused the record.

(2.) This criminal appeal has been preferred against the judgment and order dated 30.09.1996 passed by IVth Additional Sessions Judge, Lakhimpur-Kheri in Sessions Trial No. 116 of 1995 relating to case crime no. 85 of 1994 under sections 366,376 and 368 Indian Penal Code (For short IPC), police station-Sampoornanagar, District-Lakhimpur-Kheri, whereby the appellant Budhi Ram has been convicted and sentenced for the offence punishable under section 368 IPC with rigorous imprisonment of five years and a fine of Rs. 1000/-.

(3.) The facts giving rise to the present appeal are that on 22.8.1994 at about 11.00 O'clock in the night when daughter of the complainant and other family members were sleeping then in the night accused persons namely Surendra Pal and Jhingur Yadav had enticed away his daughter by threatening. When the complainant resisted, they extended threats to slain him. They committed rape upon the daughter of the complainant one by one. She was hidden by them in the field of sugarcane by next day. The appellant Budhi Ram kept a watch on her. Thereafter she was brought by them at the house of the present appellant Budhi Ram and she was locked in the room. The matter was reported to the police on 24.8.1994, upon which a case was registered at case crime no. 85 of 1994 under sections 363,366,506 and 120B IPC. During the course of investigation, the victim was recovered from the house of the present appellant on 24.8.1994, regarding which the recovery memo was prepared on the spot and after investigation, the charge-sheet was filed.