SHUSHIL Vs. STATE OF U.P.

JUDGEMENT

(1.) Both these appeals arise out from the same judgement and order dated 19.08.1994 and they are being taken up together.

(2.) Both these appeals have been filed challenging the judgement and order dated 19.08.1994 passed by the 5th Additional Sessions Judge, Gonda in Sessions Trial No.255 of 1987 (State vs. Sushil and others) whereby the appellant Sushil has been convicted for the offence punishable under section 366 IPC and 376 IPC for rigorous imprisonment of five years along with fine of Rs.1000/ - while the appellant Ram Prakash @ Raja has been convicted for the offence punishable under sections 376/368 IPC to undergo five years imprisonment along with fine of Rs.1000/ -.

(3.) The prosecution case, in brief, is that the complainant - Sirtaji lodged a first information report alleging that on 19.11.1985, at about 4.00PM, when she was cutting grass along -with her daughter, the son of complainant came and called her to come in the house, upon which she left her daughter in the field. When her daughter did not return home, she went to the place where she was cutting grass but she was not there. She was aged about 15 -16 years. The complainant searched her daughter and the witnesses told that she was seen with Sushil. When she was not traced out, a first information report was lodged on 21.11.1985, which was registered as Case Crime No.725 of 1985 under sections 363, 366 IPC. The matter was investigated and during the investigation, the victim was recovered on 04.12.1985 from the place where Ram Prakash @ Raja was staying. After investigation, the charge -sheet was filed and the appellants were charged for the said offences. The appellants denied the charges and claimed trial.